Herbert H. Dellenbach v. Thomas H. Richards, 985 F.2d 563 (7th Cir. 1993). · Go Syfert
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Herbert H. Dellenbach v. Thomas H. Richards, 985 F.2d 563 (7th Cir. 1993). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2000 · …ven when literature on a drug's use is sent in a different package that the drug itself, the literature may still be a label. ⚠ not in text
53 citation events (14 in the last 25 years) across 18 distinct courts.
Strongest positive: R.F. v. Abbott Laboratories (nj, 2000-02-29)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (quoted) R.F. v. Abbott Laboratories (2×)
N.J. · 2000 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
ven when literature on a drug's use is sent in a different package that the drug itself, the literature may still be a label.
cited Cited "see" Mayberry v. Lenyo
N.D. Ind. · 2022 · signal: see · confidence high
See Polychron v. Airgo, Inc., 985 F.2d 563 , at *2 (7th Cir. 1991) (unpublished table decision).
discussed Cited "see" Hindes v. Federal Deposit Insurance
3rd Cir. · 1998 · signal: see · confidence high
See United States v. Vital Health Prods., Ltd., 786 F.Supp. 761, 778 (E.D.Wis.1992), aff'd without opinion sub nom., United States v. LeBeau, 985 F.2d 563 (7th Cir.1993); John’s Insulation, Inc. v. Siska Const. Co., 774 F.Supp. 156, 161 (S.D.N.Y.1991).
discussed Cited "see" Hindes v. Federal Deposit Insurance Corporation
3rd Cir. · 1998 · signal: see · confidence high
See United States v. Vital Health Prods., Ltd., 786 F.Supp. 761, 778 (E.D.Wis.1992), aff'd without opinion sub nom., United States v. LeBeau, 985 F.2d 563 (7th Cir.1993); John's Insulation, Inc. v. Siska Const. Co., 774 F.Supp. 156, 161 (S.D.N.Y.1991). 36 We also note that, relying upon Accardi, the Court of Appeals for the Fifth Circuit has held that "a federal agency is ... excluded from the scope of section 1983 liability." See Hoffman v. United States Dep't of Hous. & Urban Dev., 519 F.2d 1160, 1165 (5th Cir.1975); see also LaRouche v. City of New York, 369 F.Supp. 565, 567 (S.D.N.Y.1974) …
discussed Cited "see, e.g." Clean Air Council v. United States
E.D. Pa. · 2019 · signal: see also · confidence low
Compl. ¶ 191.) Yet, "[t]he Ninth Amendment does not independently provide a source of individual constitutional rights." Clayworth v. Luzerne Cty., Pa. , 513 F. App'x 134 , 137 (3d Cir. 2013) ; see also United States v. LeBeau , 985 F.2d 563 (Table), at *1 (7th Cir. 1993) ; Gibson v. Matthews , 926 F.2d 532 , 537 (6th Cir. 1991) ; Strandberg v. City of Helena , 791 F.2d 744 , 748 (9th Cir. 1986) ; Quilici v. Vill. of Morton Grove , 695 F.2d 261 , 271 (7th Cir. 1982).
discussed Cited "see, e.g." Warterfield, Robert Tracy
Tex. · 2015 · signal: see also · confidence low
“When construing a plea agree- ment, the Court of Appeals looks to what defendant reasonably under- stood when entering his plea.” U.S. v. Borders, 992 F.2d 563 (5th Cir. 1993); see also U.S. v. Valencia, 985 F.2d 563 (5th Cir. 1993); U.S. v. Elashyi, 554 F.3d 480, 501 (5th Cir. 2008).
discussed Cited "see, e.g." Warterfield, Robert Tracy
Tex. App. · 2015 · signal: see also · confidence low
“When construing a plea agreement, the Court of Appeals looks to what defendant reasonably understood when entering his plea.” U.S. v. Borders, 992 F.2d 563 (5th Cir. 1993); see also U.S. v. Valencia, 985 F.2d 563 (5th Cir. 1993); U.S. v. Elashyi, 554 F.3d 480, 501 (5th Cir. 2008).
cited Cited "see, e.g." United States v. Thomas J. Harlan
5th Cir. · 1994 · signal: see, e.g. · confidence low
See, e.g., United States v. Holt, 985 F.2d 563 (7th Cir.1993) (Table) (reported in full, 1993 WL 13331, *3 , 1993 U.S.App.
Retrieving the full opinion text from the archive…
Herbert H. Dellenbach
v.
Thomas H. Richards
92-2093.
Court of Appeals for the Seventh Circuit.
Jan 29, 1993.
985 F.2d 563
Unpublished
1 passages pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: Supreme Court of New Jersey (2)

985 F.2d 563

NOTICE: Seventh Circuit Rule 53(b)(2) states unpublished orders shall not be cited or used as precedent except to support a claim of res judicata, collateral estoppel or law of the case in any federal court within the circuit.
Herbert H. DELLENBACH, Petitioner-Appellant,
v.
Thomas H. RICHARDS, Respondent-Appellee.

No. 92-2093.

United States Court of Appeals, Seventh Circuit.

Submitted Jan. 28, 1993.[*]
Decided Jan. 29, 1993.

Appeal from the United States District Court for the Northern District of Indiana, Hammond Division, No. 91 C 374, James T. Moody, Judge.

ORDER

1

Herbert Dellenbach, serving a twenty-nine year sentence in Indiana for theft, attempted theft, conspiracy to commit theft, and corrupt business influence, see Dellenbach v. State, 508 N.E.2d 1309 (Ind.App.1987), appeals the dismissal of his petition for a writ of habeas corpus, without prejudice, for failure to exhaust state court remedies. 28 U.S.C. § 2254. We affirm.

2

Dellenbach argues that the 3 1/2 year delay by the Lake County Superior Court in deciding his postconviction petition was inordinate and unjustified and excused the lack of exhaustion. While cases in this circuit certainly hold that inordinate delays in state procedures may require that the exhaustion requirement be excused, see Lane v. Richards, 957 F.2d 363, 365 (7th Cir.), cert. denied, 113 S.Ct. 127 (1992); Lowe v. Duckworth, 663 F.2d 42, 43 (7th Cir.1981); Dozie v. Cady, 430 F.2d 637, 638 (7th Cir.1970), the district court did not abuse its discretion in refusing to excuse that requirement here, see Tinder v. Paula, 725 F.2d 801, 805 (1st Cir.1984). Dellenbach's postconviction petition was adjudicated by the Lake County Superior Court during the pendency of this federal action. The barrier to the state appellate process has now been removed. See, e.g., Burkett v. Cunningham, 826 F.2d 1208, 1218 (3d Cir.1987); Schandelmeier v. Cunningham, 819 F.2d 52, 55-56 (3d Cir.1986), cert. denied, 480 U.S. 938 (1987); Seemiller v. Wyrick, 663 F.2d 805, 907 (8th Cir.1981); Thompson v. White, 591 F.2d 441, 443 (8th Cir.1979); Layne v. Gunter, 559 F.2d 850, 851 (1st Cir.1977), cert. denied, 434 U.S. 1038 (1978). As the district court stated, there is no reason to suppose that similar delays will occur during the appeal. Should Dellenbach experience further interference with his right to a prompt disposition of his appeal, he may institute a second action. Layne, 559 F.2d at 851 n. 1 & 852.

3

With respect to Dellenbach's argument that the delay violated his right to due process, he never sufficiently developed it before the district court or this court on appeal, therefore the argument is waived. United States v. Berkowitz, 927 F.2d 1376, 1384 (7th Cir.1991).

4

AFFIRMED.

*

After preliminary examination of the briefs, the court notified the parties that it had tentatively concluded that oral argument would not be helpful to the court in this case. The notice provided that any party might file a "Statement as to Need of Oral Argument." See Fed.R.App.P. 34(a); Circuit Rule 34(f). No such statement having been filed, the appeal has been submitted on the briefs and record