NICKENS

v.

MISSISSIPPI

Citator

Cited By

• United States v. Hooker, 841 F.2d 1225 (4th Cir. 1988)
  …nt into the Travel Act count because the indictment did not expressly incorporate it by reference. See United States v. Gironda, 758 F. 2d 1201 (7th Cir.1985) (court must read each count of indictment independently of all other counts) cert. denied, 474 U.S. 1104, 106 S.Ct. 523, 88 L.Ed.2d 456 (1986). The same situation applies here. Count III of Hooker’s indictment includes no incorporation by reference to the allegations in Counts I and II. This is a particularly striking omission because Count II does i…
• Washington v. Allstate Ins. Co., 901 F.2d 1281 (5th Cir. 1990)
  …rule dismissal was sought, Fed.R.Civ.Pro. 12(b)(6) speaks to the failure to state a claim upon which relief can be granted and encompasses dismissal on the basis of prescription. Triplett v. Heckler, 767 F. 2d 210, 212 (5th Cir.1985), cert. denied, 474 U.S. 1104, 106 S.Ct. 889, 88 L.Ed.2d 923 (1986); Watts v. Graves, 720 F. 2d 1416, 1423 (5th Cir.1983). Where matters outside the pleadings are considered by the district court on [*1284] a motion to dismiss, Rule 12(b) requires the court to treat the motion…
• Hopper v. Euclid Manor Nursing Home, Inc., 867 F.2d 291 (6th Cir. 1989)
  …iew that courts should apply Rule 60(b)(6) only in exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule. See Pierce v. United Mine Workers, 770 F. 2d 449, 451 (6th Cir.1985), cert. denied, 474 U.S. 1104, 106 S.Ct. 890, 88 L.Ed.2d 925 (1986). A claim of strictly legal error falls in the category of “mistake” under Rule 60(b)(1) and thus is not cognizable under 60(b)(6) absent exceptional circumstances. See id., at 451. The parties may not use a Rule…