Skip to main content
· 10/25/2002

John Thompson v. Victor Maldonado

Citations

  • 309 F.3d 107
  • 53 Fed. R. Serv. 3d 1472
  • 2002 U.S. App. LEXIS 22369
  • 2002 WL 31399796

How courts have described this case

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

  • holding that a district court must give notice before dismissing a complaint under Rule 4(m)
  • explaining that a plaintiff must be given notice prior to sua sponte dismissal pursuant to Rule 4(m)
  • stating that the “Clerk of the District Court ... ordinarily provides this form to indigent plaintiffs upon the filing of a complaint. If properly filled out and returned, the form instructs the [Marshals Service] to serve process on the defendant.”
  • approving sua sponte dismissal of a complaint under Rule 4(m) if the plaintiff had been given prior notice and an opportunity to show cause
  • vacating dismissal pursuant to Rule 4(m) where the plaintiff allegedly received neither the requisite forms to request service by the Marshals nor notice of impending dismissal by the district court
  • requiring notice to plaintiff before dismissing a claim for failure to serve

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, McLaughlin, Cabranes

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.