UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

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No. 97-8219 ___________

* Cyril A. Kolocotronis * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri * Veera Dr. Reddy, M.D. * [UNPUBLISHED] Psychiat., * * Appellee. *

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Submitted: December 29, 1998

Filed: February 3, 1999 ___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Cyril A. Kolocotronis filed a 28 U.S.C. § 2254 habeas action contesting the administration of psychotropic medication. The district court transferred the petition to this court because Kolocotronis had not obtained our authorization prior to filing a successive petition. Although Kolocotronis captioned his complaint as a federal habeas petition, his claims should have been brought as a 42 U.S.C. § 1983 action challenging forced medication as a condition of his confinement. See Washington v. Harper, 494 U.S. 210 (1990); Walton v. Norris, 59 F.3d 67 (8th Cir. 1998). We therefore remand this matter to the district court for further consideration of the matter as a section 1983 claim.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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