GWIN

v.

HENDERSON, WARDEN

Citator

Cited By

• Billiteri v. United States Bd. OF Parole & Members of the United States Bd. of Parole, 541 F.2d 938 (2d Cir. 1976)
  …s action, it must have jurisdiction over the petitioner’s custodian. Braden, • supra; Strait, supra; Schlanger v. Seamans, 401 U.S. 487, 91 S.Ct. 995, 28 L.Ed.2d 251 (1971); United States ex rel. Rudick v. Laird, 412 F. 2d 16 (2 Cir.), cert. denied, 396 U.S. 918, 90 S.Ct. 244, 24 L.Ed.2d 197 (1969). In the present case, Billiteri’s custodian throughout the district court litigation was the Warden at the Federal Penitentiary at Lewisburg, Pennsylvania, where Billiteri was incarcerated. The Warden, however,…
• Pressroom Unions-Printers League Income Sec. Fund v. Cont'l Assurance Co., 700 F.2d 889 (2d Cir. 1983)
  …mencement of [a] suit, it cannot be aided by the intervention of a [plaintiff] with a sufficient claim.” Pianta v. H.M. Reich Co., 77 F. 2d 888, 890 (2d Cir.1935); see also United States ex rel. Rudick v. Laird, 412 F. 2d 16 (2d Cir.), cert. denied, 396 U.S. 918, 90 S.Ct. 244, 24 L.Ed.2d 197 (1969). The Fund attempts to escape this doctrine by relying on 28 U.S.C. § 1653 which provides that “defective allegations of jurisdiction may be amended, upon terms in the trial or appellate courts.” While we have pr…
• Myers v. Am. Dental Ass'n, 695 F.2d 716 (3d Cir. 1982)
  …Co. v. Federal Power Commission, 324 U.S. 635, 639, 65 S.Ct. 821, 823, 89 L.Ed. 1241 (1945), and to the proper place where the power to adjudicate may be exercised. See United States ex rel. Rudick v. Laird, 412 F. 2d 16, 20 (2d Cir.), cert. denied, 396 U.S. 918, 90 S.Ct. 244, 24 L.Ed.2d 197 (1969); Farmers Elevator Mutual Insurance Co. v. Austad & Sons, Inc., 343 F. 2d 7, 11 (8th Cir.1965). See generally C. Wright, Handbook of the Law of Federal Courts § 42, at 149 (2d ed. 1970). As Judge Craven has noted,…