Opinion · Court of Appeals for the Fifth Circuit

James Henry Eisenhardt v. United States

James Henry Eisenhardt v. United States, 461 F.2d 1267 (5th Cir. 1972)

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1972-07-07
Topic: general

BY THE COURT: It is ordered that the portion of this appeal involving denial of relief under 28 U.S.C. § 2255 is hereby dismissed as being moot, it appearing that the District Court has granted such relief to the appellant in another proceeding. It is further ordered that the portion of this appeal involving the District Court’s refusal to issue arrest warrants for certain named individuals, and appealing the District Judge’s refusal to recuse himself, is hereby dismissed as being frivolous. See Local Rule 20.

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Cited by: 2 opinions

EISENHARDT v. UNITED STATES,461 F.2d 1267(5th Cir. 1972)

JAMES HENRY EISENHARDT, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA,

RESPONDENT-APPELLEE.

No. 71-3266.

United States Court of Appeals, Fifth Circuit.

July 7, 1972.

James Henry Eisenhardt, pro se.

Robert W. Rust, U.S. Atty., Miami, Fla., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Florida; C. Clyde Atkins, Judge.

Before GEWIN, AINSWORTH, and SIMPSON, Circuit Judges.

BY THE COURT:

[1] It is ordered that the portion of this appeal involving denial of relief under28 U.S.C. § 2255is hereby dismissed as being moot, it appearing that the District Court has granted such relief to the appellant in another proceeding.

[2] It is further ordered that the portion of this appeal involving the District Court's refusal to issue arrest warrants for certain named individuals, and appealing the District Judge's refusal to recuse himself, is hereby dismissed as being frivolous. See Local Rule 20.Page 1269