Legal Opinion · Concurrence

Norman Rothman v. United States

Court of Appeals for the Third Circuit

Decided January 31, 1975No. 74-1240Published

1ConcurrenceGarth, Circuit Judge

I believe that in the circumstances presented here the majority of the Court has adopted an overly rigid and technical view with respect to this Court’s jurisdiction over a pro se prisoner’s appeal.1 Although I do not dissent in view of the limited action taken by the majority, I nevertheless believe it important to note my disappointment with the restricted reading by the majority concerning both jurisdiction and the district court’s disposition of the merits.

As to jurisdiction: while I do not advocate lessening our jurisdictional requirements, I believe it a waste of judicial time and…

2Cases cited22 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Coppedge v. United StatesSupreme Court of the United States · 1962
  3. Sanders v. United StatesSupreme Court of the United States · 1963
  4. United States v. MorganSupreme Court of the United States · 1954
  5. Heflin v. United StatesSupreme Court of the United States · 1959

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