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Case • 2007
question what the trial judge meant when she circled "denied" and signed her name. By denying Robinson's pro se motion, I believe that the trial judge issued a ruling on the merits, and by ruling ...
Case • 2004
] For a constitutional right to be clearly established, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official ...
Case • 2004
not allege what constitutional right was violated by Defendants' behavior, Judge Alsup found that liberally construed the complaint alleged a violation of the Eighth Amendment. Plaintiff also complains ...
Case • 2004
only be filed "within a reasonable time." Fed. R. Civ. P. 60(b). "What constitutes a reasonable time is dependent on the particular facts of the case in question and is reviewed for abuse of discretion ...
Case • 2003
of the uncompleted discovery, how [**6] the facts sought are reasonably expected to create a genuine issue of material fact, what efforts the plaintiff has made to obtain those facts, and why those efforts were ...
Case • 2004
not advance his due process claim because the requested documents would, at most, establish what the specific details of the policies and procedures were for filing inmate grievances, and not whether actions ...
Case • 2004
. With regard to Defendants Haney and Kyle, Plaintiff does not state what relief he seeks from them. In fact, when he filed his complaint on May 16, 2000, he did not even mention Defendants Haney and Kyle ...
Case • 2002
, Bloodworth asked Fiesel what he thought Bloodworth should do, and Fiesel recommended that Bloodworth consult an attorney before being questioned further by IAD. [14] Bloodworth returned to Cherry's ...
Case • 1999
specific, binding relief. Rather, all he or she can do is attempt to settle the matter without litigation, and the prisoner is not required to accept what the attorney general offers. While voluntary ...
Case • 1997
of the statute. The prisoner is liable for the whole fee (just like everyone else who proceeds IFP), and must prepay according to the statutory schedule. What excuses further prepayment after release ...
Case • 1993
and unrestricted areas. While the court does not condone such conduct, if it exists, plaintiffs have not offered any evidence to establish that what occurred rises to the level where it has become violative ...
Case • 1993
punishment forbidden by the Eighth Amendment." [Quoting Whitley v. Albers, 475 U.S. 312, 319, 89 L. Ed. 2d 251, 106 S. Ct. 1078 (1986).] [27] What is necessary to establish an "unnecessary and wanton ...
Case • 1990
on the merits occurs before service. Rather than promoting efficient case management, premature dismissal often results in greater inefficiency. While the district court may aim to clear its docket of what ...
Case • 2005
to custody. [27] [2] The question of what constitutes "voluntary return" for purposes of § 2P1.1(b)(2) is an issue of first impression in this Circuit. In United States v. Pynes, 5 F.3d 1139 (8th Cir ...
Case • 1977
". [18] The Merits. [19] Before this court addresses plaintiffs' claims, it should first clarify what issues are currently before the court. This is an action contesting the conditions ...
Case • 2001
of the litigation and the desirability of avoiding frequent appellate review of what essentially are factual matters, an award of attorneys' fees under § 1988 is entitled to substantial deference." Id. (quoting ...
Case • 2005
Cir. 2004) (per curiam). And here, the defendants do not argue that what Flournoy said, if true, did not constitute exhaustion, nor do they respond to his suggestion that failing to answer his ...
Case • 2007
of what protection the First Amendment extends to the sale by an artist of his paintings. We hold that an artist's sale of his original artwork constitutes speech protected under the First Amendment. [17 ...
Case • 2006
records he has requested . . . ." Appellant's App. p. 17. This is exactly what Indiana Code § 5-14-3-9(e) advises him to do.We therefore conclude that the trial court erred in dismissing Smith's complaint ...
Case • 2005
the assistant prosecutor and the jury found in its answers to interrogatories that defendant gave false information to the assistant projector. See infra pp. 5-6. Defendant offered no evidence as to what ...
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