· 7/16/1996
In Re Paul Nagy
Citations
- 89 F.3d 115
- 1996 U.S. App. LEXIS 17410
- 1996 WL 393585
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that an inmate-plaintiff’s § 1361 complaint was not subject to the PLRA because it was directed to a judge conducting a criminal trial
- reasoning that prisoners should not be able to avoid § 1915(g) simply by bringing 42 U.S.C. § 1983 civil rights claims under the guise of seeking mandamus
- holding that the application of the PLRA to man- damus petitions depends on the nature of the relief sought— only if the prisoner’s mandamus claim is analogous to the typ- ical suits brought under 42 U.S.C. § 1983 complaining about prison conditions does the PLRA apply
- reasoning that prisoners should not be able to avoid § 1915(g) USCA11 Case: 21-13542 Document: 34-1 Date Filed: 03/01/2023 Page: 5 of 6 21-13542 Opinion of the Court 5 simply by bringing 42 U.S.C. § 1983 civil rights claims under the guise of seeking mandamus
- “[T]he PLRA requirements apply to those extraordinary writs that seek relief analogous to civil complaints under 42 U.S.C. § 1983, but not to writs directed at judges conducting criminal trials.” (emphasis added)
- PLRA applies to mandamus petitions that seek relief analogous to civil rights complaints
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Kearse, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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