[Download] "Holman v. Lotter" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

July 10, 2021

eBook details

Title: Holman v. Lotter
Author : United States Court of Appeals for the Seventh Circuit
Release Date : January 20, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 48 KB

Description

Order Plaintiff-appellant Albert Holman is currently an inmate at the Waupun Correctional Institution. The present appeal concerns an incident of severe physical abuse which allegedly occurred while he was in custody at the Milwaukee County House of Corrections. Holman filed a civil rights action under 42 U.S.C. §§ 1983, 1985, 1988, and 1997, seeking both monetary and injunctive relief. He petitioned to proceed in forma pauperis under 28 U.S.C. § 1915(a) and moved for appointment of counsel. Pursuant to 28 U.S.C. § 1915(d), the district court denied without prejudice Holman's petition to proceed in forma pauperis and dismissed his action. The court noted that there was a criminal state court action pending against Holman that related to his allegations. The court concluded that Holman is able to present his claims in that state court case. As such, while plaintiff has stated an arguable claim for relief, it is unwarranted for this Court to accept jurisdiction over a pending state court case that involves the same allegations.