· 2/7/1996
Herbert H. Dellenbach v. Craig A. Hanks
Citations
- 76 F.3d 820
- 1996 U.S. App. LEXIS 1753
- 1996 WL 48579
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 petition is dismissed 7 because it is plain that there is no claim, and not merely because it is implausible given the lack 8 of details or supporting documentation, then there was an adjudication on the merits for the 9 successive or second petition rule
- noting generally that petitions are dismissed when the petitioner makes conclusory, rather than specific factual, allegations
- noting generally that petitions are dismissed when the petitioner makes conclusory, rather than specific factual, allegations
- affirming the district court’s refusal to appoint counsel in post-conviction proceeding
- petition must cross “some threshold of plausibility” before requiring response
- applying this standard under federal habeas corpus
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Fairchild, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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