Legal Opinion
Clifford Craig v. James A. Lynaugh, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided May 26, 1988No. 87-6266PublishedCited by 30 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
If a complaint is dismissed as frivolous before it has been served on the defendant, must a motion to vacate the judgment be served to be effective under Federal Rule of Civil Procedure 59(e)? Our answer is that it need not be. The pro se plaintiff's motion to vacate, therefore, nullified his contemporaneously filed notice of appeal, and because he filed no new notice, we dismiss his appeal for want of jurisdiction.
I
Clifford Craig, an inmate of the Texas Department of Corrections proceeding pro se, brought an action against TDC’s Director, now James A. Lynaugh;…
2Cases cited13 opinions
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Norman R. Spears v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
- Isiah Carl Green v. Dan v. McKaskle Acting Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
- David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
- David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Terry Wayne Sanders v. Clemco Industries and Ingersoll-Rand CompanyCourt of Appeals for the Eighth Circuit · 1988
- Wayne Morris Reeves, Jr. v. James A. Collins, Director, Texas Dept. Of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1994
- Acosta v. Martín Marietta Services, Inc.Supreme Court of Puerto Rico · 1997
- George E. Simmons v. John S. GhentCourt of Appeals for the Seventh Circuit · 1992
- Britt v. WhitmireCourt of Appeals for the Fifth Circuit · 1992
25 more not listed; retrieve them via the Exa API.