Legal Opinion
Herbert H. Dellenbach v. Craig A. Hanks
Court of Appeals for the Seventh Circuit
Decided February 7, 1996No. 94-2723PublishedCited by 64 opinions
1Opinion of the Court
POSNER, Chief Judge.
This appeal by a state prisoner from the dismissal of his petition for federal habeas corpus asks us to decide in what circumstances the district judge may dismiss the petition without requiring an answer by the respondent, without allowing the petitioner to engage in discovery, without allowing the record to be supplemented by materials from previous proceedings, and without an evidentiary hearing, because “it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief.” Rule 4 (“Preliminary Consideration by…
2Cases cited8 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Dee Farmer v. Richard Haas, Edward J. Brennan, and L.E. DuboisCourt of Appeals for the Seventh Circuit · 1993
- Marina Zarnes v. Randall Rhodes, Sergeant 402, Officer of the Sheriff's Department, Don M. Lamb, U.S. Marshal ServiceCourt of Appeals for the Seventh Circuit · 1995
- Terry P. Daniels v. United StatesCourt of Appeals for the Seventh Circuit · 1995
- William Lloyd Hill v. A.L. Lockhart, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Forbes v. EdgarCourt of Appeals for the Seventh Circuit · 1997
- Forbes v. EdgarCourt of Appeals for the Seventh Circuit · 1997
- Ward v. WolfenbargerDistrict Court, E.D. Michigan · 2004
- Leantry Benton v. Odie WashingtonCourt of Appeals for the Seventh Circuit · 1996
- Terry L. Harris v. Eugene McAdory WardenCourt of Appeals for the Seventh Circuit · 2003
59 more not listed; retrieve them via the Exa API.