· 12/15/1986
Anthony Romandette v. Weetabix Company, Inc.
Citations
- 807 F.2d 309
- 6 Fed. R. Serv. 3d 659
- 1986 U.S. App. LEXIS 34990
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court abused its discretion in dismissing the case for failure to prosecute where plaintiff’s “six-month hiatus” in prosecuting his case “was readily explainable by his transfer to a county facility, a facility apparently lacking the library”
- construing an earlier version of Rule 4 which 22 required plaintiff proceeding in forma pauperis to request 23 service by the Marshals
- “as an incarcerated pro se litigant proceeding in forma pauperis, he was entitled to rely on service by the U.S. Marshals”
- internal 4 Defendants also argue that service was — or now would be — untimely. Rule 4(m
- “It would not be in the 4 interest of justice to penalize a plaintiff for his reliance on the actions of the U.S. Marshal 5 Service.”
- “Rule 4 . . . is to be construed liberally to further the purpose of finding personal jurisdiction in cases in which the party has received actual notice.” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Oakes, Miner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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