Embery Jackson McBride v. Bob Sharpe, Warden, Dodge Correctional Institution

How courts have described this case

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

• stating that court may take judicial notice of its own records in habeas proceedings
• “As a general principle, Rule 56... . is applicable in habeas corpus cases.” (citations omitted)
• “As a general principle, Rule 56 . . . is applicable in habeas corpus cases.” (citations omitted)
• “In federal habeas proceedings, appointment of counsel prior to an evidentiary hearing is necessary only when due process or the ‘interests of justice’ require it.”
• “The citizenship of fictitious defendants is disregarded for removal purposes and becomes relevant only if and when the plaintiff seeks leave to substitute a named defendant.”
• “[W]hen a pro se litigant is involved, we have interpreted Rule 56(c) to require that the district court specifically inform the litigant (1) of the need to file affidavits or other responsive materials, and (2) of the consequences of default.”

Source: CourtListener parenthetical corpus (CC0).