· 12/8/1971
Joseph B. X. Smith v. Dr. Stanley Blackledge, Warden, Central Prison
Citations
- 451 F.2d 1201
- 15 Fed. R. Serv. 2d 817
- 1971 U.S. App. LEXIS 6702
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 document construed as an opposition to the defendants’ motion to dismiss which contained new claims alleged by a pro se plaintiff should have been considered an amendment to the complaint regardless of whether the court granted leave to amend
- noting that “claims . . . set out in a 36-page, handwritten document . . . denominated as one to ‘Further Particularize’ the complaint [and] regarded by the District Judge as merely a response to defendants’ motion to dismiss . . . should have been 2 Fed. R. Civ. P. 12(d
- motion to dismiss is not a responsive pleading for purposes of Rule 15(a)
- motion to dismiss not a responsive pleading for purposes of Rule 15(a)
- motion to dismiss is not a responsive pleading under Rule 15(a)
Source: CourtListener parenthetical corpus (CC0).
Judges: Haynsworth, Sobeloff, Russell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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