2 total
Habeas corpus application dismissed; maintaining an existing maximum security classification is not a deprivation of liberty.
The applicant, a federal inmate serving a sentence in a maximum security institution, applied for a writ of habeas corpus after his request to transfer to a medium security institution was denied.
The warden maintained his maximum security classification despite a psychological assessment and Security Reclassification Scale indicating medium security.
The court dismissed the application, holding that maintaining an existing security classification does not constitute a deprivation of liberty, and therefore habeas corpus is not available.
Motion to set aside dismissal for delay denied due to significant prejudice to defendants.
The plaintiffs moved to set aside a Registrar's order dismissing their slip and fall action for delay.
The action was dismissed after plaintiffs' counsel failed to set the matter down for trial or respond to a status notice due to inadvertence.
The court applied the Reid criteria and found that while inadvertence was shown, the motion was not brought promptly and the defendants would suffer significant prejudice.
The defendants had lost their ability to crossclaim against a co-defendant who was responsible for maintaining the premises, and maintenance records and witnesses were no longer available.
The motion to set aside the dismissal was dismissed.
