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Senator Edward Kennedy — Part 26

147 pages · May 11, 2026 · Document date: Nov 6, 1995 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 147 pages OCR'd
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e e) gent standards than formal pleadings drafted by lawyers, that a pro se complaint however,inartfully pleaded,are sufficient to call. for the opportunity to offer supporting evidence, and can only be dismissed for failure to state a cause,"It Appears "Beyond Doubt that the plaintiff can Prove no set of facts in support of his claim which would entitle him to rel- ief."That holding were affirmed in Estelle vs.Gamble, 429 US 97 at 106,50 L Ed 2a 251,97 S Ct 285 at 292(1976):But see Con- ley vs.Gibson, 355 US 41 at 45,46(1957),In Estelle vs.Gamble spura.,the complaint were handwritten by a prisoner Pro Se be- fore the Court and were not denied on the basis of race,class, povert},or because it were inartfully pleaded,discriminating aga- inst the prisoner on those grounds.Federal courts may not use as means for dismissals,"Heightened Pleading Standard"-See, Leatherman vs.Tarrant County Narcotics Intelligence and Coor- dination Unit, _US__,113 S Ct 1160(1993),or Rule 12(b)(6),Fed. —R.Civ.P.,complaints filed in forma pauperis,areé not subject to dismissals for failure to state a cause,automatically frivol- ous within the meaning of 28 USC § 1915(b),if the complaint raises an [ Arguable question of law and facts.] Herein the Judge had before it,indisputable evidence of Appellees Guilt Did reviewed that evidence,witnessed and expressed by its Clerk in the presence of Appellant and two other witnesses,and failed to follow the lead of the U.S.Supreme Court,e.g.,see Berger vs. United States, 295 US 78 at 81,82(1935),or the Guidelines set by the Supreme Court in Scheuer vs-Rhodes, 416 US 233 at 236, 237,40 L Ed 2d 90,94 S Ct 1683 at 1686,1687(1974),In apprais- -~19-
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