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· 10/23/2013

Garuti v. Roden

Citations

  • 733 F.3d 18
  • 2013 WL 5737338
  • 2013 U.S. App. LEXIS 21525

How courts have described this case

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

  • holding that a petitioner’s non-specific and conclusory allegations about 1 his counsel, who had refused to furnish an affidavit, were insufficient to raise a 2 substantial issue
  • asserting that Cullen “essentially” overruled Winston I
  • “Conclusory allegations are insufficient to raise a substantial factual issue” requiring development in a habeas proceeding
  • a statute-of-limitations defense, if “apparent from the face of the 24 complaint,” may properly be raised in a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Dyk, Thompson

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.