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Failure to State Claim Dismissal Reviewed De Novo
The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge.
The court reviews a sua sponte dismissal for failure to state a claim under the same de novo standard as a Rule 12(b)(6) dismissal. See: Black v. Warren, 134 F.3d 732 (5th Cir. 1998).
The court reviews a sua sponte dismissal for failure to state a claim under the same de novo standard as a Rule 12(b)(6) dismissal. See: Black v. Warren, 134 F.3d 732 (5th Cir. 1998).
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Related legal case
Black v. Warren
| Year | 1998 |
|---|---|
| Cite | 134 F.3d 732 (5th Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |