Legal Opinion
Weaver v. Thomas
District Court, S.D. Texas
Decided September 5, 1975No. Civ. A. 75-H-879PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
NOEL, District Judge.
Plaintiff Donald H. Weaver was convicted in state court of burglary with intent to commit theft and is currently serving a twelve-year sentence in the Texas Department of Corrections. In this in forma pauperis action, plaintiff seeks damages, declaratory and injunctive relief on the ground that defendant V. Bailey Thomas, the Clerk of this Court, illegally and unconstitutionally refused to file his petition for habeas corpus. Plaintiff also seeks leave to prosecute this case as a class action.
Defendant has moved to dismiss the action for failure to state a claim…
2Cases cited8 opinions
- Pierson v. RaySupreme Court of the United States · 1967
- Vincente Gatica Startti v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Paul X. Duhart v. Norman A. Carlson, Director of Prisons, John N. Mitchell, as Attorney General of the United StatesCourt of Appeals for the Tenth Circuit · 1972
- Willie B. Davis v. James H. McAteer Clerk, Circuit Court, City of St. Louis, MissouriCourt of Appeals for the Eighth Circuit · 1970
- Jerry S. Diamond v. Peter J. Pitchess, SheriffCourt of Appeals for the Ninth Circuit · 1969
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3Cited by1 opinion
- Reginald Williams v. Marie WoodCourt of Appeals for the Fifth Circuit · 1980