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· 2/8/1991

James I. Welch v. James Folsom

Citations

  • 925 F.2d 666
  • 18 Fed. R. Serv. 3d 989
  • 1991 U.S. App. LEXIS 1696
  • 1991 WL 12984

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a dismissal without prejudice for failure to serve is a final order for purposes of § 1291 when the plaintiff is proceeding IFP
  • holding that it was error to dismiss a complaint filed by an in forma pauperis prisoner for improper service
  • noting that, generally, orders dismissing complaints without prejudice are not final \because the plaintiff may cure the deficiency and refile the complaint\
  • noting that, generally, orders dismissing complaints without prejudice are not final \because the plaintiff may cure the deficiency and refile the complaint\
  • holding order of dismissal is final and appealable under § 1291 where complaint filed by a plaintiff granted leave to proceed IFP is dismissed without prejudice for failure to effect service of process
  • if district court does not dismiss complaint as frivolous, court is compelled to proceed in compliance with S 1915(c)

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Hutchinson, Alito

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.