A. Robert Freeley v. United States
Court of Appeals for the Fifth Circuit
1Per curiam
A letter from appellant, a federal prisoner, to the district court was, at the election of the district court, treated as a petition for mandamus, docketed and dismissed. There was no service upon the United States nor any agent thereof and no response was required.
Relying on notice pleading concepts and the supervening Supreme Court decision of Haines v. Kerner, 1972, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652, appellant now urges that he was entitled to offer proof to substantiate the claims contained in the letter. We agree. Since the district court so considered it, we proceed on the…
2Cases cited1 opinion
- Haines v. KernerSupreme Court of the United States · 1972
3Cited by3 opinions
- Tony Santillanes v. United States Parole Commission and Bureau of PrisonsCourt of Appeals for the Tenth Circuit · 1985
- Kenneth Eugene McEachern v. J. D. Henderson, Warden, U. S. Penitentiary, Atlanta, Ga.Court of Appeals for the Fifth Circuit · 1973
- Carl Reed, Jr. v. Clarence Jones, SheriffCourt of Appeals for the Fifth Circuit · 1973