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