[Download] "Biliski v. Harborth" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Biliski v. Harborth
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 09, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Kenneth Bilski appeals the dismissal of his complaint against Melvin Harborth, the Sheriff of Guadalupe County, and James A. Collins, Director of the Texas Department of Criminal Justice (TDCJ), under 42 U.S.C. § 1983, alleging that he has been improperly housed at the Guadalupe County jail instead of within the TDCJ. The Sheriff filed a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that no relief could be granted as a matter of law because Bilski is not entitled to a transfer and because the Sheriff is entitled to immunity. Collins moved for dismissal of the complaint under both Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915(d). A magistrate Judge entered a memorandum and recommendation that the complaint be dismissed as frivolous under § 1915(d). The district court accepted the recommendation of the magistrate Judge and dismissed without prejudice Bilskis complaint as frivolous under § 1915(d). The district court also denied Bilskis motion to proceed in forma pauperis on appeal. Bilski appealed the district courts denial of IFP, and this court ruled that Bilski satisfied the economic criteria and had demonstrated that he may present a non-frivolous issue on appeal.

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