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   Federal Courts - 7th Circuit Court of Appeals - May 8, 2006

  
Hoeft v. Wisher, No. 05-3410, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Overview: Where prison complaint examiner determined that prisoner's transfer was not good cause to excuse his untimeliness under 42 U.S.C.S. § 1997e(a) because he could have filed prior to his transfer or immediately upon his return, prisoner's inadequate medical treatment claim under the Eighth Amendment was properly dismissed.

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Lockheart v. Hulick, No. 04-3754, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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McCarthy v. United States, No. 06-1354, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Peeler v. MCI, Inc., No. 01-3019, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Overview: District court's decision declining to enjoin communication company's installation and use of fiber-optic cable on parcel of land adjacent to property owner's land was affirmed because company had completed installation of cable and general discharge of original defendant in its bankruptcy proceeding extinguished owner's principal claims.

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Pozo v. Hein, No. 05-2208, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Overview: Because prison employees introduced uncontested evidence that inmate was denied breakfast because he refused to comply with a prison rule requiring that he first remove clothing from his head so that guards could determine whether he had a weapon, employees' enforcement of this rule did not violate the Eighth Amendment.

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United States v. Alhalabi, Nos. 05-2209 & 05-2591, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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United States v. Mandel, No. 05-3473, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Overview: District court properly denied defendant's motion to modify restitution order because defendant was not asking district court to modify pertinent condition of his supervised release under 18 U.S.C.S. § 3583(e)(2) but was seeking partial release of liability, and that relief was unavailable.

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United States v. Taylor, No. 05-3434, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 8, 2006, Decided
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Overview: In defendant's unlawful possession of a firearm case, the district court properly refused to suppress evidence found during a warrantless search; exigent circumstances and consent permitted the search. Defendant was properly sentenced as an armed career criminal; a theft from a person conviction was a "violent felony" under 18 U.S.C.S. § 924.

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