· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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