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· 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 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.