Legal Opinion
Jerrald M. Johnson v. United States Postal Service
Court of Appeals for the Tenth Circuit
Decided February 15, 1989No. 86-2780PublishedCited by 89 opinions
1Opinion of the Court
TACHA, Circuit Judge.
This appeal is from a grant of summary judgment in favor of defendant on the grounds of lack of jurisdiction. The issue on appeal is whether the federal rules allow the plaintiff to amend his complaint in order to correct a failure to name or serve the correct party defendant within the statutory limitations period. Because we hold that the federal rules do not so allow, we hold that the action should be dismissed for failure to state a claim.1 We affirm.
I
On December 30, 1983, the plaintiff, Mr. Johnson, was discharged from his position as a mail handler at the Denver…
2Cases cited20 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- George Dunbar Prewitt, Jr. v. United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1981
- Franks v. NimmoCourt of Appeals for the Tenth Circuit · 1986
- William L. Mondy v. Secretary of the ArmyCourt of Appeals for the D.C. Circuit · 1988
- David W. CAREY, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987
15 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Olsen v. MapesCourt of Appeals for the Tenth Circuit · 2003
- Thomasina Mack v. The Great Atlantic and Pacific Tea Company, Inc.Court of Appeals for the First Circuit · 1989
- Taylor, Carolyn v. Small, Lawrence M.Court of Appeals for the D.C. Circuit · 2003
- Marvin D. Baker v. The Board of Regents of the State of Kansas and University of Kansas Medical School--School of MedicineCourt of Appeals for the Tenth Circuit · 1993
- Charles James Witt v. Roadway Express, Jim Kasperski, Teamsters Local No. 41, and Warren StevensCourt of Appeals for the Tenth Circuit · 1998
84 more not listed; retrieve them via the Exa API.