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   Federal Courts - 3rd Circuit Court of Appeals - February 2, 2007

  
Allen-Mensah v. O'Malley, No. 06-3387, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Filed
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Aruanno v. New Jersey, NO. 06-1643, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Filed
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Overview: District court improperly dismissed inmate's § 1983 complaint after screening pursuant to 28 U.S.C.S. § 1915A because complaint did not lie at core of habeas corpus as inmate sought relief that would render state's procedures in civil commitment hearings invalid and only sought new commitment hearing; thus, claims were cognizable under § 1983.

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Baranoski v. United States Attorney's Office, NO. 06-3151, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Filed
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Overview: Former police officer's appeal from district court denial of his motion grand jury access and dismissing his complaint against U.S. Attorney's office was dismissed under 28 U.S.C.S. § 1915(e)(2)(B) because officer did not have a constitutional, statutory, or common law right to independently communicate with federal grand jury.

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Cardone v. Ryan, No. 06-3338, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Filed
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Overview: Inmate's appeal from district court's 28 U.S.C.S. §§ 1915(e)(2)(B), 1915A(b)(1) dismissal of his § 1983 complaint was dismissed as frivolous under 28 U.S.C.S. § 1915(e)(2)(B) because judicial and prosecutorial defendants were immune from suit and inmate's counsel and public defender defendants were not state actors for 42 U.S.C.S. § 1983 purposes.

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United States v. Lynch, No. 06-3984, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Decided
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United States v. Manzella, No. 06-3434, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 2, 2007, Opinion Filed
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Overview: Defendant's 30-month prison sentence for taking part in a counterfeit check ring violated 18 U.S.C.S. § 3582(a), as the sole purpose of the length of the sentence was to qualify defendant for a drug treatment program; rehabilitation as a sentencing factor under 18 U.S.C.S. § 3553(a)(2)(D) could not be accomplished through imprisonment.

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