Legal Opinion

Miller v. Benson

Court of Appeals for the Eighth Circuit

Decided April 3, 1995No. 94-1827PublishedCited by 132 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

Gary A. Miller appeals from a final order entered in the District Court1 for the District of Minnesota dismissing with prejudice his 42 U.S.C. § 1983 civil rights action for failure to prosecute. For reversal plaintiff argues the district court erred in dismissing his civil rights action for failure to prosecute because he had in fact timely mailed a response to the defense motion for summary judgment and written objections to the report and recommendation of the magistrate judge. For the reasons discussed below, we affirm the judgment of the district court.

Plaintiff…

2Cases cited25 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Wolff v. McDonnellSupreme Court of the United States · 1974
  3. Houston v. LackSupreme Court of the United States · 1988
  4. Garvey v. VaughnCourt of Appeals for the Eleventh Circuit · 1993
  5. Dunn v. WhiteCourt of Appeals for the Tenth Circuit · 1989

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3Cited by132 opinions

  1. Roudachevski v. All-American Care Centers, Inc.Court of Appeals for the Eighth Circuit · 2011
  2. Sandra RIVERS-FRISON, Appellant, v. SOUTHEAST MISSOURI COMMUNITY TREATMENT CENTER, AppelleeCourt of Appeals for the Eighth Circuit · 1998
  3. Yorie Von Kahl v. United StatesCourt of Appeals for the Eighth Circuit · 2001
  4. Adams v. AgnielCourt of Appeals for the Eighth Circuit · 2005
  5. Ortiz v. United StatesCourt of Appeals for the Eighth Circuit · 2011

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

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