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Case • 1982
being that the facts asserted in the defendants' affidavit would be taken as true if the motion was treated as one for summary judgment. See Rule 56(e); Adickes v. S.H. Kress & Co., 398 U.S. 144, 160, 26 ...
Case • 2002
for Respondent(s): Gabriel E. Acosta, Office of Pros Attorney Chief Deputy, 240 W Alder Ste 201, Walla Walla, WA 99362-2837. [8] The opinion of the court was delivered by: Barbara A. Madsen [9] Oral ...
Case • 1976
. Mayer, Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Derald E ...
Case • 2005
REUSCH, wife; LEAH R. COMPTON; JOHN DOE COMPTON, husband; KRISTINE KEMPER; JAMES E. CROUCH, husband, aka John Doe Kemper; AMANDA S. GARRISON; JOHN DOE GARRISON, husband; SUSAN E. FISHER; JOHN DOE FISHER ...
Case • 1998
defendants' motions within the 30-day period specified in 18 U.S.C. sec. 3626(e)(2)(A)(I), or the 180-day period in subsection (A)(ii). The Court believes that the status quo should be preserved pending ...
Case • 2003
-Appellants, v. CARLOS JACOBO; C. A. TERHUNE, Director of the CDC, Defendants-Appellees, and, DON WILLIAMS, M.D.; JUAN CALZETTA, M.D., Defendants, v. MICHAEL E. BASSE, Third-party-defendant. ESTATE OF MARK ...
Case • 1985
. 83-2621, 84-1361 [3] 1985, 775 F.2d 1096 [4] September 30, 1985 [5] JAMES E. CLAYTON, ET AL, PLAINTIFFS-APPELLEES/CROSS-APPELLANTS, v. FRANK THURMAN, SHERIFF, TULSA COUNTY, ET ...
Case • 1989
the goals of the federal statute at issue. See, e. g., Wilson, supra, at 269; Chardon, supra, at 657. [14] These principles were invoked in Board of Regents, University of New York v. Tomanio, supra ...
Case • 2004
[3] 374 F.3d 541, 2004.C07.0000315 [4] July 02, 2004 [5] DENNIS E. JONES-EL, ET AL., PLAINTIFFS-APPELLEES, v. GERALD A. BERGE, MATTHEW J. FRANK, AND JON E. LITSCHER, DEFENDANTS ...
Case • 2004
JOHN E. MEASE, PETITIONER v. MARK CLOSE [6] On writ of Certiorari To The United States Court Of Appeals For The Sixth Circuit [7] Corinne Beckwith, by appointment of the Court, 539 U. S ...
Case • 2003
McQuillion's actual release, however, the Warden asked the court to alter or amend its judgment pursuant to Federal Rule of Civil Procedure 59(e). The Warden asked the court to order, in lieu of immediate ...
Case • 1992
contemplated by the Rules is not disturbed. See, e. g., Fed. Rule App. Proc. 10(b) (time for ordering transcripts for inclusion in the record on appeal); Fed. Rule App. Proc. 31(a) (briefing schedule). Proper ...
Case • 1994
for the officers on qualified immunity grounds. See, e. g., Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) (officials "are shielded from liability for civil damages insofar as their conduct does not violate clearly ...
Case • 1997
for it is made in this code." DOC Administrative Regulation 203-1 at 7(h)(3)(e), amended and recodified as 150-1 at IV(E)(4)(p)(1). Thus, it was error for the DOC to interpret the regulation on unauthorized ...
Case • 2002
of the matter noticed." Fed. R. Evid. 201(e). These provisions of rule 201 poses three obstacles to the magistrate judge's recommendation. First, merely citing to a web site and inviting others to visit the site ...
Case • 2002
read together, 28 O.S. 2001, § 152(E)*fn2 and 57 O.S. 2001, § 565*fn3 give the courts discretion to require partial payment of the fee. After Foust was handed down the legislature enacted 12 O.S. 2001 ...
Case • 1996
, Southport Correctional Facility, [10] Defendants-Appellees. [11] B e f o r e: VAN GRAAFEILAND, MESKILL, and WINTER, Circuit Judges. [12] Appeal from a judgment of the United States District Court ...
Case • 2003
. Mel Bohannan Roofing, Inc. 99 F.R.D. 99, 101 (E. D. Va. 1983) ("A motion for reconsideration 'addresses only factual and legal matters that the Court may have overlooked... It is improper on a motion ...
Case • 2002
it to be legally frivolous within the meaning of 28 U.S.C. § 1915(e)(2), and dismissed it without prejudice to Seagroves's right to bring his claims in a § 2254 action. The district court denied Seagroves's motion ...
Case • 1983
, Criminal Appeals Section, for defendant. [8] V. J. Brennan, P.j., and D. E. Holbrook, Jr., and J. R. Ernst,* JJ. [9] The opinion of the court was delivered by: Brennan [10] On June 2 ...
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