Legal Opinion

Albert Richard v. John Doe

Court of Appeals for the Fifth Circuit

Decided March 15, 2016No. 15-20077UnpublishedCited by 7 opinions

1Opinion of the Court

PER CURIAM: *

' Albert Richard, proceeding pro se, appeals the district court’s construction of his civil complaint as a 28 U.S.C. § 2254 habe-as corpus petition and its dismissal without prejudice for failure to state a claim upon which habeas relief can be granted. Richard disputes the district court’s characterization of his complaint as a habeas corpus petition and argues that the district court had jurisdiction over his complaint pursuant to 28 U.S.C. § 1331 and § 1332.

The court reviews questions of subject matter jurisdiction de novo. Gasch v. Hartford Accident & Indem. Co., 491 F.3d…

2Cases cited7 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  3. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  4. Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
  5. Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen FrazierCourt of Appeals for the Fifth Circuit · 2007

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3Cited by7 opinions

  1. 3H202, LLC v. Phlight Pharma, LLCDistrict Court, S.D. Mississippi · 2020
  2. Deborah Kay Tyree and George Dewayne Tyree v. Atrium Medical Corporation, Maquet Cardiovascular, LLC, aka Maquet Cardiovascular US Sales, LLC, Getinge USA Sales, LLC, aka Getinge AB, John Does, Inc.1-20, and John Does 1-20, IndividuallyDistrict Court, S.D. Mississippi · 2026
  3. Mark Tunne v. Flix North America, Inc., Flix Bus, Inc., and John DoeDistrict Court, N.D. Texas · 2025
  4. Nicholas Services, LLC v. Glassdoor, Inc.District Court, N.D. Mississippi · 2025
  5. Pezzarossi v. Sherwin-Williams CompanyDistrict Court, S.D. Mississippi · 2022

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