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· 11/27/2012

Buchheit v. Green

Citations

  • 705 F.3d 1157
  • 2012 U.S. App. LEXIS 24365
  • 2012 WL 5909036

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when a claim “is merely seeking to address alleged past harms rather than prevent prospective violations of federal law, [the court] can only reasonably categorize such relief as retrospective”
  • noting that screening “a complaint without 26 benefit of an adversarial presentation if often an uncertain and time-consuming task.”
  • noting that courts have flexibility in deciding when dismissal pursuant to PLRA’s screening provisions is appropriate
  • holding nothing in § 1915(e)(2) requires a court to screen a case for merit before granting in forma pauperis status
  • implying that merits screening often occurs before service, but concluding that the statutory screening requirements do not impose a duty to screen or review before service
  • noting that, although not required, \screening might be a good practice and more efficient\ before considering an IFP application, and observing that \the language of the present rule ... provides needed flexibility\

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Tymkovich, Gorsuch

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.