Legal Opinion

Ronald Despain, and Jamilyn Mellen v. Salt Lake Area Metro Gang Unit Bureau of Alcohol, Tobacco and Firearms Robert Swehla

Court of Appeals for the Tenth Circuit

Decided January 10, 1994No. 93-4051PublishedCited by 92 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

Plaintiffs appeal the order of the district court dismissing their claims for lack of timely service of process. Because plaintiffs did not serve the summons and complaint within the 120-day period provided for in Fed. R.Civ.P. 4(j), and because no good cause has been shown for this failure, we affirm. 1

Plaintiffs originally sued unknown local law enforcement personnel and unknown agents of the Bureau of Alcohol, Tobacco and Firearms (ATF) in both their individual and official capacities, alleging that ah ATF search of their apartment and subsequent brief detention…

2Cases cited12 opinions

Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
Stephen Borzeka v. Margaret O. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
Humana, Inc., D/B/A Humana Hospital San Antonio, Plaintiff-Counter v. Avram A. Jacobson, M.D., P.A., Defendant-CounterCourt of Appeals for the Fifth Circuit · 1986
Datskow v. Teledyne, Inc.Court of Appeals for the Second Circuit · 1990
Micklus, Gregory Bernard v. Carlson, Norman, Director, U. S. Bureau of Prisons Fenton, Charles, Warden, U.S.P. Lewisburg, PaCourt of Appeals for the Third Circuit · 1980

7 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

Cuthbert O. Simpkins v. District of Columbia GovernmentCourt of Appeals for the D.C. Circuit · 1997
Toby J. Espinoza v. United StatesCourt of Appeals for the Tenth Circuit · 1995
Broitman v. Kirkland (In Re Kirkland)Court of Appeals for the Tenth Circuit · 1996
Ysais v. NEW MEXICO, JUDICIAL STANDARD COM'NDistrict Court, D. New Mexico · 2009
Barnum v. City of TulsaCourt of Appeals for the Tenth Circuit · 2014

87 more not listed; retrieve them via the Exa API.