# Dotson v. Collins

> Court of Appeals for the Sixth Circuit · January 15, 2008 · 317 F. App'x 439

URL: https://www.frixlaw.com/law-library/cases/9814146

## Case

- **Full name:** William D. DOTSON, Plaintiff-Appellant, v. Terry COLLINS, Et. Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** January 15, 2008
- **Citations:** 317 F. App'x 439
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Merritt
- **Judges:** Merritt, Cole, Griffin
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9814146

## Opinion text

MERRITT, Circuit Judge,
concurring.
I concur in Judge Cole’s opinion. In essence, we are simply following the Supreme Court’s ex post facto opinion in Garner v. Jones, 529 U.S. 244, 250 , 120 S.Ct. 1362 , 146 L.Ed.2d 236 (2000), holding that a prisoner must allege and then show that a new state law creates a substantial “risk” of increasing the time the prisoner must serve. The prisoner has clearly so alleged in this case in his complaint and in his objections to the magistrate’s repox-t. The District Coux-t exToneously dismissed the claim under Rule 12(b)(6). The prisoner should now have an opportunity to prove his claim in accordance with standard trial procedures.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9814146. Public record. Not legal advice.