· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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