· 10/25/2004
Willowski v. Principi
Citations
- 114 F. App'x 395
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A dismissal without prejudice generally does not constitute an abuse of discretion because the affected party may simply re-file.”
- “[W]here a dismissal without prejudice has the effect of precluding the plaintiff from re-filing his claim due to the running of the statute of limitations, it is tantamount to a dismissal with prejudice.”
- citations omitted; “the record does not show that the district court understood the dismissal would preclude [plaintiff] from refiling due to the statute of limitations. Nor did the court explain why a lesser sanction would be inadequate to correct [plaintiff’s]conduct.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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