Legal Opinion

William Mitchell v. Phillip Morris Incorporated

Court of Appeals for the Eleventh Circuit

Decided June 19, 2002No. 01-10034PublishedCited by 151 opinions

1Opinion of the Court

ALARCÓN, Circuit Judge:

William Mitchell, a federal prisoner, appeals from the dismissal without prejudice of his pro se action against five cigarette manufacturers. Mitchell filed this action in state court. The defendants removed the action to the district court because the parties were of diverse citizenship and Mitchell prayed for damages in excess of $75,000. The district court adopted the magistrate judge’s recommendation that this action be dismissed as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)©, because. it did not sufficiently allege a physical injury as required by 42 U.S.C. §…

2Cases cited16 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  4. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  5. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994

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3Cited by151 opinions

  1. Portia Surtain v. Hamlin Terrace FoundationCourt of Appeals for the Eleventh Circuit · 2015
  2. Louis Napier v. Karen J. PreslickaCourt of Appeals for the Eleventh Circuit · 2002
  3. Russell Musnick v. King Motor Company of Fort Lauderdale, d.b.a., King Auto MallCourt of Appeals for the Eleventh Circuit · 2003
  4. Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
  5. Beepot v. J.P. Morgan Chase National Corporate Services, Inc.District Court, M.D. Florida · 2014

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