Garvey v. Vaughn

BIRCH, Circuit Judge:

This consolidated appeal presents the first impression issues for this circuit of whether Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) should be extended to the filing of a pro se prisoner’s initial complaint in a 42 U.S.C. § 1983 action and claim under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The cases arise from a state inmate in Georgia and a federal inmate in Alabama, and respectively involve district courts’ granting a motion to dismiss and a motion for summary judgment for the government officials. After review of the record and…