Legal Opinion
Manuel Lewis v. Richmond City Police Department, Director of Public Safety, City Manager
Court of Appeals for the Fourth Circuit
Decided October 22, 1991No. 90-6365PublishedCited by 278 opinions
1Opinion of the Court
OPINION
2Per curiam
Manuel Lewis, an incarcerated pro se litigant, deposited a civil complaint in his prison’s mailbox two days before the expiration of the applicable statute of limitations. The complaint was addressed to the clerk of the district court, who received it one day after the time period expired. The district court dismissed the action as untimely and Lewis now appeals.
The issue presented is whether the complaint was “filed” within the meaning of Federal Rules of Civil Procedure 3 and 5(e) when the prisoner delivered the complaint to prison authorities for mailing to the clerk of the district…
3Cases cited5 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Wilson v. GarciaSupreme Court of the United States · 1985
- West v. ConrailSupreme Court of the United States · 1987
- Meral Smith v. Melvin H. EvansCourt of Appeals for the Third Circuit · 1988
- Gilbert Hostler v. Captain Groves Robert J. Flanagan David R. MacKay Robert I. Cassady Frank Terry Richard T. Cezanc Donald B. Wawrzaszek Troy WestCourt of Appeals for the Ninth Circuit · 1990
4Cited by278 opinions
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- Garvey v. VaughnCourt of Appeals for the Eleventh Circuit · 1993
- Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Denise Wilkins v. Vicki MontgomeryCourt of Appeals for the Fourth Circuit · 2014
- Douglas v. NoelleCourt of Appeals for the Ninth Circuit · 2009
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