Legal Opinion
Ellibee v. Leonard
Court of Appeals for the Fifth Circuit
Decided March 15, 2007No. 05-50637UnpublishedCited by 25 opinions
1Opinion of the Court
PER CURIAM: 1
Plaintiff, Nathaniel Ellibee, a pro se prisoner, appeals the dismissal of his 42 U.S.C. § 1983 action for insufficiency of service of process. Fed.R.Civ.P. 4(e). Based on our conclusion that the district court abused its discretion by dismissing the case for failure to effect service of process, we reverse and remand for further proceedings.
I
Nathaniel W. Ellibee, Kansas prisoner # 55052, filed the present civil action pursuant to 42 U.S.C. § 1983. At the time he filed this civil action, Ellibee was in the custody of the state of Kansas but incarcerated at the Limestone County…
2Cases cited12 opinions
- George Kersh v. Norman DerozierCourt of Appeals for the Fifth Circuit · 1988
- Raymond Rochon v. Dr. Mark DawsonCourt of Appeals for the Fifth Circuit · 1987
- United States v. Louis RochesterCourt of Appeals for the Fifth Circuit · 1990
- Lindsey v. United States Railroad Retirement BoardCourt of Appeals for the Fifth Circuit · 1996
- Robertson v. Plano City of TexasCourt of Appeals for the Fifth Circuit · 1995
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3Cited by25 opinions
- Blair v. City of WorcesterCourt of Appeals for the First Circuit · 2008
- Mortgage Electronic Registration System, Inc. v. PatockDistrict Court, Virgin Islands · 2009
- Regions Bank v. BrittDistrict Court, S.D. Mississippi · 2009
- Brandon S. LaVergne v. Darrel Vannoy, et al.District Court, M.D. Louisiana · 2026
- Brown v. TurlichDistrict Court, E.D. Louisiana · 2025
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