Legal Opinion
Gregory Whale v. United States of America, United States Drug Enforcement Agency, Federal Bureau of Investigation
Court of Appeals for the Ninth Circuit
Decided August 18, 1986No. 85-6219PublishedCited by 52 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Plaintiff Gregory Whale appeals from the district court’s denial of his motion for reconsideration. The district court had previously dismissed Whale’s action sua sponte for failure to prosecute because Whale had not personally served the U.S. Attorney within 120 days of filing the complaint as required by Fed.R.Civ.P. 4(d)(4), 4(j). We affirm.
BACKGROUND
On September 27, 1984, Whale filed a complaint in district court under the Federal Tort Claims Act. The three named defendants were the United States of America, the United States Drug Enforcement Agency (DEA), and the…
2Cases cited5 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Jose Luis Pena v. Seguros La Comercial, S.A.Court of Appeals for the Ninth Circuit · 1985
- Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
- Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
- Gregory Jordan v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1982
3Cited by52 opinions
- Friedman v. Estate of PresserCourt of Appeals for the Sixth Circuit · 1991
- Fannie R. Braxton v. United States of America and Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 1987
- Green, Francis v. Humphrey Elevator and Truck Company and Maintenance CompanyCourt of Appeals for the Third Circuit · 1987
- Albert Earle Smith-Bey v. Clair A. Cripe, General Counsel, Bureau of PrisonsCourt of Appeals for the D.C. Circuit · 1988
- Joseph T. Prisco v. Anthony M. Frank, Postmaster General U.S. Postal ServiceCourt of Appeals for the Eleventh Circuit · 1991
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