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· 10/31/2006

Mires v. United States

Citations

  • 466 F.3d 1208
  • 98 A.F.T.R.2d (RIA) 7579
  • 2006 U.S. App. LEXIS 26998
  • 2006 WL 3072758

How courts have described this case

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

  • concluding that there is a new action where plaintiff “sought permission to file -- and, with the government’s consent and district court’s permission, did file -- an amended complaint”
  • concluding that there is a new action where plaintiff “sought permission to file -- and, with the government’s consent and district court’s permission, did file -- an amended complaint”
  • refusing to vacate judgment or dismiss when “representative cured the jurisdictional deficiency while his suit was pending”
  • distinguishing McNeil, where the plaintiff did nothing to commence a new action after exhausting administrative remedies, and allowing a petitioner, with the government’s consent, to file an amended complaint curing an exhaustion problem
  • “[A] litigant generally may raise a court’s lack of subject-matter jurisdiction at any time in the same civil action—even on appeal.”
  • “A federal court must, in every case and at every stage of the proceeding, satisfy itself as to its own jurisdiction.” (citation modified)

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Holloway, McConnell

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.