· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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