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· 7/18/1983

United States v. Frank Santora, Jr.

Citations

  • 711 F.2d 41
  • 1983 U.S. App. LEXIS 25744

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 pro se pleading is characterized based on its essence rather than on the attached label
  • noting that, when reviewing the merits of pro se claims, “the essence of the pleading controls” and “review . . . is not circumscribed by the label attached”
  • “Finding the complaint devoid of factual or legal merit, . . . no hearing is necessary.”
  • construing pro se litigant's Rule 35 motion as request for relief under § 2255
  • the essence of a claim dictates the type of claim it is as opposed to the title affixed to the pleading
  • “Mindful of the liberality accorded pro se filings, we therefore elect to construe Santora’s ill-styled Rule 35 pleading as a request for relief under § 2255.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Politz, Higginbotham

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.