Legal Opinion
Casanova v. Ulibarri
Court of Appeals for the Tenth Circuit
Decided February 9, 2010No. 09-2096PublishedCited by 749 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
Jorge Casanova, proceeding pro se here as in the district court, appeals the district court’s dismissal of his civil-rights complaint for failure to state a claim upon which relief can be granted. We reverse and remand. The court below improperly assumed (1) that an allegation in the answer to the complaint was true and (2) that undated incidents alleged in the complaint must have preceded the incident for which the complaint alleged a specific date. We grant Mr. Casanova’s motion to proceed in forma pauperis.
I. BACKGROUND
On March 18, 2008, Mr. Casanova filed a complaint…
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3Cited by749 opinions
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