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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
Filed under: Injury -- Misc., Guard Brutality/Beatings, Civil Procedure, Service, Legal Mail. Location: New York.
Dismissal Without Notice for Untimely Service
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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