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Lucero v. Gunter-17 F.3d 1347 (10th Cir. 1994)
Case • 1994
in dismissing Count I of his complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. The sufficiency of a complaint is a question of law which we review de ...
Smith v. District of Columbia-182 F.3d 25 (DC cir. 1999)
Case • 1999
in the institution's internal mail system on or before the last day for filing. F.R.A.P. 4(c)(1). The 30-day time limit is " 'mandatory and jurisdictional.' " Browder v. Director, Dep't of Corrections of Illinois, 434 ...
Jones v. Simek-193 F.3d 485 (7th Cir. 1999)
Case • 1999
of Illinois, Eastern Division. No. 94 C 1097--Charles P. Kocoras, Judge. [7] Before Flaum, Easterbrook, and Diane P. Wood, Circuit Judges. [8] The opinion of the court was delivered by: Diane P ...
Barry v. Ratelle-985 F. Supp. 1235 (SD CA 1997)
Case • 1997
Barry v. Ratelle - 985 F. Supp. 1235 (SD CA 1997) - 1997 WILLIAM F. BARRY, Plaintiff, vs. J.M. RATELLE, et al., Defendants. CASE NO. Civ. 97-1159-B (LSP) UNITED STATES DISTRICT COURT ...
Higganson v. Swihart-980 F. Supp. 296 (ND IL 1997)
Case • 1997
⤠1915(b)(1), and then must "make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from ...
Bennett v. Goord-343 F.3d 133 (2nd Cir. 2003)
Case • 2003
and the complaint dismissed. Bennett filed objections, and the district court reviewed the Report de novo, pursuant to 28 U.S.C. § 636(b)(1)(C), and summarily adopted it in its entirety. (See June 25, 2001 Order ...
O'Neill v. Krzeminski-839 F.2d 9 (2nd Cir. 1988).
Case • 1988
, and tenderness in his throat. [17] Discussion [18] 1. The Prior Excessive Force Judgment. Similar act evidence was offered and received under Fed. R. Evid. 404(b) against Fiorillo to show that he had ...
Hooten v. Jenne-786 F.2d 692 (5th Cir. 1986)
Case • 1986
the defendants moved only for a Rule 12(b)(6) dismissal (i.e., failure to state a claim on which relief can be granted), the district court could not grant summary judgment. Rule 12(b) specifically states, however ...
Gonzalez v. Cecil County, Maryland,-221 F. Supp 2d 611 (D. MD. 2002).
Case • 2002
moved to dismiss Counts I and II. II. STANDARD FOR MOTION TO DISMISS When reviewing a 12(b)(6) motion to dismiss, the court must assume all of the allegations [**5] to be true, must resolve all doubts ...
Davidson v. Scully-148 F.Supp.2d 249 (SD NY 2001)
Case • 2001
in part. COUNSEL: For Plaintiff: Kevin J. Curnin, Esq., Stroock & Stroock & Lavan LLP, New York, NY. For Defendants: Michael B. Siller, Esq., Assistant Attorney General State of New York, New ...
Johnson v. State of California-207 F.3d 650 (9th Cir. 2000)
Case • 2000
Sara Turner, Deputy Attorney General, San Francisco, California, Barbara C. Spiegel, San Diego, California, for the respondents-appellees James H. Gomez and James Rowland. [8] Before: Betty B ...
Treesh v. Taft-122 F.Supp.2d 881 (SD OH 2000)
Case • 2000
Treesh v. Taft - 122 F.Supp.2d 881 (SD OH 2000) - 2000 FRED TREESH, et al., Plaintiffs, v. BOB TAFT, et al., Defendants. Case No. C-2-99-624 UNITED STATES DISTRICT COURT FOR THE SOUTHERN ...
Calderon-Ortiz v. Laboy-Alvarado-300 F.3d 60 (1st Cir. 2002)
Case • 2002
detainee at the facility. The district court, applying the "deliberate intention" standard in Daniels v. Williams, 474 U.S. 327 (1986), granted the defendants' Rule 12(b)(6) motion to dismiss, concluding ...
Madden v. Myers-102 F.3d 74 (3rd Cir. 1996)
Case • 1996
. Section(s) 1915(b). Because Mr. Madden's affidavit of poverty shows that he has only $5.11 in his prison account, has no other assets, and has received an income of only $35.50 in the past two months, he ...
Aranda v. Industrial Commission of Arizona-198 Ariz. 467, 11 P.3d 1006 (2000)
Case • 2000
for Aranda Anita R. Valainis, Chief Counsel Phoenix Industrial Commission of Arizona James F. Crane, Chief Counsel Phoenix State Compensation Fund by James B. Stabler Attorneys for Respondent Employer ...
Pizarro Calderon v. Chavez-327 F.Supp.2d 131 (D.P.R. 2004)
Case • 2004
sentence reduction upon his completion of the designated substance abuse treatment program as provided by 18 U.S.C. § 3621(e)(2)(B), and (2) due process with respect to his disciplinary hearing ...
Wallace v. Burbury-305 F.Supp.2d 801 (N.D.Ohio 2003)
Case • 2003
to judgment as a matter of law. FED. R. CIV. P. 56(c). [24] DISCUSSION [25] Defendants move for summary judgment for failure to exhaust available administrative remedies, as required by the Prison ...
In re Data Tree, LLC. v. Romaine-9 N.Y.3d 454, 880 N.E.2d 10, 849 N.Y.S.2d 489 (2007)
Case • 2007
access to records or portions of such records that, if disclosed, would constitute an "unwarranted invasion of personal privacy" (Public Officers Law § 87 [2] [b]). The law defines an "unwarranted invasion ...
Ratliff v. Astrue-540 F.3d 800 (8th Cir. 2008)
Case • 2008
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(b), against debts her clients owe the federal government. Based on controlling Eighth Circuit precedent, we conclude that attorneys' fees awarded under ...
Carrasquillo v. Penner-USDC, E.D. Cal., No. CIV S-06-0851 JAM GGH P
Case • 2008
of the "undisputed material facts" as set forth by the defendants, and to raise a genuine issue of material fact. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has ...
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