× You've used up your 3 free articles for this month. Subscribe today.

Magistrate Judge Can Investigate Frivolity of Complaint

Loaded on May 15, 2007

Filed under: Civil Procedure, Complaints, Evidentiary Ruling, Magistrates. Location: Texas.

The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the prisoner's complaint was affirmed.

In this case, Norman ...

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from these topics:

Federal Facial Recognition Technology Fails Again, Feb. 1, 2025. Computer Searches, Evidentiary Ruling, Forensic Sciences.
Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024. Complaints, Drug Treatment/Rehab, Drug Testing/Treatment Programs.
Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, Dec. 1, 2023. Complaints, Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023. Evidentiary Ruling, Habeas Corpus, Hearings.
New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, Dec. 15, 2022. Evidentiary Ruling, Motive/Opportunity/Intent/Identity Evidence.