Legal Opinion

Ruiz v. United States

Court of Appeals for the Fifth Circuit

Decided November 20, 1998No. 97-20950PublishedCited by 155 opinions

1Per curiam

Wisting Fierro Ruiz, federal prisoner No. 59534r-079, appeals the district court’s dismissal of his complaint under 28 U.S.C. § 1915A. In his appellate brief, Ruiz challenges the dismissal of his claims based on the prison officials’ failure to deliver to him incoming mail notifying him of final judgments dismissing a~28 U.S.C. § 2255 motion and a(FED.R.Civ.P. 41£e)-motion for return of property. Primarily due to Ruiz’s transfer to another prison facility, he did not receive notice of the dismissals until after the appellate deadlines had passed. Because of this lost opportunity to appeal the…

2Cases cited11 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Lewis v. CaseySupreme Court of the United States · 1996
  3. Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
  4. Siglar v. HightowerCourt of Appeals for the Fifth Circuit · 1997
  5. Bazrowx v. ScottCourt of Appeals for the Fifth Circuit · 1998

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3Cited by155 opinions

  1. Frazier v. State of MichiganCourt of Appeals for the Sixth Circuit · 2002
  2. Geiger v. JowersCourt of Appeals for the Fifth Circuit · 2005
  3. Young v. GundyCourt of Appeals for the Sixth Circuit · 2002
  4. Joshua Liner v. Glenn Goord Walter Kelly Gilmore, Sgt. John Doe 1 John Doe 2Court of Appeals for the Second Circuit · 1999
  5. Larry Alderson v. Concordia Parish Corrtl Facil, eCourt of Appeals for the Fifth Circuit · 2017

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