Savidge ex rel. Savidge v. Fincannon
Opinion of the Court
We withheld the mandate in this case pending a final resolution of Green v. McKaskle. The consideration of that case has resulted in the following action: 1) The mandate in Johnson v. McKaskle, 727 F.2d 498 (5th Cir. 1984) was recalled and part III of that opinion deleted; 2) the Fifth Circuit Judicial Council issued an administrative order which ended the policy of transferring individual actions by TDC inmates which implicate the Ruiz v. McCotter order
Experience and insight gained from following the Johnson policy leads us to conclude that this action should remain with the court in which the action was filed. Accordingly, pages 640 beginning with the sentence, “We conclude that the same considerations ...” through 642 of our original opinion, 768 F.2d 639, is recalled; the dismissal of this action by the district court is reversed and the case is remanded to the Northern District of Texas for further proceedings.
REVERSED and REMANDED.
Reference
- Full Case Name
- Jonathan SAVIDGE, by his parents and next friends, Wilbur SAVIDGE and Felicia Savidge v. Jaylor FINCANNON, Superintendent, Fort Worth State School
- Cited By
- 1 case
- Status
- Published