Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.