Legal Opinion

Darryl M. Whitehurst v. Wal-Mart Stores East, L.P.

Court of Appeals for the Eleventh Circuit

Decided December 2, 2008No. 07-15794UnpublishedCited by 15 opinions

Non-Argument Calendar.

1Per curiam

Darryl M. Whitehurst, proceeding pro se, appeals the dismissal of his complaint for failure to state a claim. Whitehurst argues that Wal-Mart failed to timely file its motion to dismiss, that he in fact stated a claim, and that the court was biased against him in dismissing his case. For the reasons that follow, we affirm in part and dismiss this appeal in part.

I

A. Jurisdiction

We first address our appellate jurisdiction. We may exercise jurisdiction only if a notice of appeal is timely filed. Rinaldo v. Corbett, 256 F.3d 1276, 1278 (11th Cir.2001). A notice of appeal in a civil case “must be…

2Cases cited8 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. Neal Horsley v. Gloria FeldtCourt of Appeals for the Eleventh Circuit · 2002
  3. United States v. Damon AmedeoCourt of Appeals for the Eleventh Circuit · 2007
  4. United States v. PattiCourt of Appeals for the Eleventh Circuit · 2003
  5. Phyllis S. Hamm v. Members of the Board of Regents of the State of Florida, DefendantsCourt of Appeals for the Eleventh Circuit · 1983

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

3Cited by15 opinions

  1. Storey v. Breedlove (In re Breedlove)United States Bankruptcy Court, M.D. Georgia · 2016
  2. Wells Fargo Bank, N.A. v. Sutton (In re Sutton)United States Bankruptcy Court, N.D. Georgia · 2016
  3. Bryant v. Progressive Mountain Inurance Co.District Court, M.D. Georgia · 2017
  4. Laird v. Aetna Life Insurance Co.District Court, M.D. Alabama · 2017
  5. Ward v. Fid. Bank (In re Ward)United States Bankruptcy Court, S.D. Georgia · 2018

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

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