For PCWriter: Is Rule 56 of the Federal Rules of Civil Procedure applicable to federal habeas proceedings under 28 USC 2254? A client has a set of facts which where he asserts there is no genuine issue of material fact and therefore he is entitled to judgment as a matter of law. As I recall Habeas relief is civil in nature. Therefore, can the client move for summary judgment under rule 56 of the federal rules?
There are certain rules dealing with the application of the federal rules of civil procedure to habeas proceedings. Can answer your question & provide cites from very recent 11th Circuit cases discussing specific cases in the district courts, primarily those which have granted the State summary judgment. May or may not include a specific cite as to the propriety of SJ, but obviously indicating that such occurs.
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I am an ATTORNEY with vast experience in US laws.I own a legal process outsourcing firm with over 21 regular clients in 4 countries.I have handled several matters in rule 56.I also provide legal services to several webmasters.I will provide you with the required information and citations,legal authorities.
I am an attorney in my third year of practice, all in civil litigation. I have some experience in Federal Court. I do not know the answer to your question, but can find it (with appropriate citations) by the end of this weekend.