Legal Opinion

Billy Holmes, A/K/A Bill Richards and Daniel Johnson v. Ray Hardy

Court of Appeals for the Fifth Circuit

Decided August 16, 1988No. 88-2264PublishedCited by 92 opinions

1Per curiam

The plaintiffs Billy Holmes and Daniel Johnson, Texas prisoners, complain that defendant Ray Hardy, clerk of the state court of Harris County, Texas, violated their fourteenth amendment due process and equal protection rights and their first amendment right of access to the courts when he formally challenged their in for-ma pauperis status in a previous lawsuit. The district court granted the defendants’ motion for summary judgment and dismissed this case with prejudice for failure to state a cause of action under Fed.R. Civ.P. 12(b)(6) and for frivolousness under 28 U.S.C. § 1915(d). We…

2Cases cited3 opinions

  1. Vincente Gatica Startti v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. Albert H. Carter v. United StatesCourt of Appeals for the Tenth Circuit · 1984
  3. Harris County v. SchoenbacherCourt of Appeals of Texas · 1979

3Cited by92 opinions

  1. Johnson v. RodriguezCourt of Appeals for the Fifth Circuit · 1997
  2. White v. Schiwetz, Texas Court of Appeals, 13th District1990
  3. Acevedo v. CerameDistrict Court, D. New Mexico · 2015
  4. Johnson v. RodriguezCourt of Appeals for the Fifth Circuit · 1997
  5. Dennis Sears v. Kathleen BlancoCourt of Appeals for the Fifth Circuit · 2011

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