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Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion
Loaded on May 15, 2000
published in Prison Legal News
May, 2000, page 32
Dismissal Without Notice for Untimely Service
Filed under:
Injury -- Misc.,
Guard Brutality/Beatings,
Civil Procedure,
Service,
Legal Mail.
Location:
New York.
of § 1983 Complaint Is Abuse of Discretion
When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve it within 120 days, the Second Circuit Court of Appeals reversed because the district court …
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