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Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action
Loaded on June 15, 1999
published in Prison Legal News
June, 1999, page 26
Error to Dismiss Rule 41(c) Motion Without Allowing Conversion to Bivens Action The Fifth Circuit court of appeals has held that a district court erred when it dismissed a prisoner's motion under Rule 41(c), Federal Rules of Criminal Procedure, without first giving him an opportunity to amend the motion and …
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More from this issue:
- Federal Judge Rules Texas Prisons Still Unconstitutional, PLRA Unconstitutional
- Washington Parole Officer Blown Up
- Prison Madness, by Terry Kupers, MD (Book Review), by Dan Pens
- From the Editor, by Paul Wright
- Indictment: The News Media and the Criminal Justice System (Book Review), by Alex Friedmann
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Private Prison Escape Explained
- Corcoran Prisoner Left Hanging
- Pro Se Tips and Tactics (Discovery), by John Midgley
- Washington Prisoners Damage Colorado Private Prison
- Washington Prisoners Brutalized in Colorado Private Prison, by Waldo Waldron-Ramsey
- CCA - Prison Realty Merger Approved, by Alex Friedmann
- They Killed a Man, Not a Number, by David Hill
- Violence Takes a Toll at New Mexico Wackenhut Prison, by Ronald Young
- CMS Settles Wrongful Death Suit for $75,000
- Court Screening Applies to Paid Suits Too
- Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual
- Judge Throws Out Corcoran Sanctions, by Willie Wisely
- Juveniles Held Hostage for Profit by CSC in Florida, by Alex Friedmann
- Florida Porn Ban Challenged
- Mitigation Instruction and Excluding Indemnification Evidence Reversible Error
- Parole Officials Liable for False Information in Parole Violation Arrest Warrant
- Pardon Satisfies Heck
- Federal Prisoners Must Exhaust Administrative Remedies Before Suing
- Fifth Circuit Upholds PLRA Exhaustion Requirement, by Ronald Young
- Imminent Danger Overrides Three Strikes
- Exhaustion Not Required for Bivens Claim
- Pennsylvania Brutality Suit Settled for $5,000
- The Lucasville Trials, by Staughton Lynd
- Warden's Smoking Ban Violates BOP Rules
- Weapon Possession in Federal Prison Always Considered a "Violent Offense"
- Interstate Compact Violations Not Cognizable Under § 1983
- News in Brief
- Felon Possession of Firearm Nonviolent Offense
- Prisoner May Not File Unsigned Complaint for Another Prisoner
- Error to Dismiss Rule 41(C) Motion Without Allowing Conversion to Bivens Action
More from these topics:
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Digital Tablet Shift Brings Added Cost, Lost Data to Prisoners in California, April 1, 2026. Computers, Prisoner Property, Telephone Rates, Securus, Global Tel*Link Corp.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
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- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.

