Legal Opinion
Eric Martin v. William Overton
Court of Appeals for the Sixth Circuit
Decided December 1, 2004No. 03-1510PublishedCited by 1,283 opinions
1Opinion of the Court
OPINION
SILER, Circuit Judge.
Petitioner Eric Martin appeals the re-characterization, without notice, of his pro se petition for medical treatment as an improper habeas corpus petition. Under the rule of In re Shelton, 295 F.3d 620 (6th Cir.2002), however, Martin should have been afforded the opportunity to withdraw his petition prior to its recharacterization as a petition under 28 U.S.C. § 2254, or the district court should have dismissed his petition without prejudice to his potential 42 U.S.C. § 1983 claims. For the following reasons, we REVERSE and REMAND.
BACKGROUND
Martin, a Michigan state…
2Cases cited15 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Wells v. BrownCourt of Appeals for the Sixth Circuit · 1989
- James M. Jourdan, Jr. v. John Jabe and L. BoydCourt of Appeals for the Sixth Circuit · 1991
- Castro v. United StatesSupreme Court of the United States · 2003
- Torrance Pilgrim v. John LittlefieldCourt of Appeals for the Sixth Circuit · 1996
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3Cited by1,283 opinions
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- Nathaniel Brent v. Wayne Cty. Dep't of Human Servs.Court of Appeals for the Sixth Circuit · 2018
- James Luedtke v. David BerkebileCourt of Appeals for the Sixth Circuit · 2013
- Boutwell v. KeatingCourt of Appeals for the Tenth Circuit · 2005
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