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Recharacterization Requires Notice Or Opportunity To Withdraw

Loaded on June 15, 2005 published in Prison Legal News June, 2005, page 34
Filed under: Complaints, Sentencing, Habeas Corpus. Location: Michigan.
The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice.

Eric Martin, a Michigan state prisoner, underwent bladder surgery in April 2002 while …

 

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