Legal Opinion
Billy Wayne Horton v. Janie Cockrell
Court of Appeals for the Fifth Circuit
Decided January 10, 1996No. 94-10737, 94-10841PublishedCited by 143 opinions
1Per curiam
The plamtiffiappellant, Billy Wayne Horton, is an inmate in the Clements Unit of the Texas Department of Criminal Justice (TDCJ). Horton appeals the district court’s decision to dismiss his in forma pauperis civil rights suit against prison officials as frivolous under 28 U.S.C. § 1915(d) 1 . We find that Horton’s complaint was not frivolous. Therefore, we VACATE the order of dismissal, and REMAND for further proceedings.
I. Background
In July, 1992, Billy Wayne Horton filed an in forma pauperis suit in the Eastern District of Texas under 42 U.S.C. § 1983. While the case was pending, Horton was…
2Cases cited7 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Denton v. HernandezSupreme Court of the United States · 1992
- Hudson v. McMillianSupreme Court of the United States · 1992
- Helling v. McKinneySupreme Court of the United States · 1993
- William Hamilton Gartrell v. R.S. GaylorCourt of Appeals for the Fifth Circuit · 1993
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3Cited by143 opinions
- Debro S. Abdul-Akbar v. Roderick R. MckelvieCourt of Appeals for the Third Circuit · 2001
- Whitley v. HuntCourt of Appeals for the Fifth Circuit · 1998
- Grimsley v. MacKayCourt of Appeals for the Tenth Circuit · 1996
- Thinh Minh Luong v. HattDistrict Court, N.D. Texas · 1997
- Thompson v. EasonDistrict Court, N.D. Texas · 2003
138 more not listed; retrieve them via the Exa API.