Legal Opinion

Dewayne Shelton v. Michael Lemons

Court of Appeals for the Fifth Circuit

Decided August 15, 2012No. 11-20670UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Dewayne Shelton, Texas prisoner # 1254161, appeals from the district court’s order dismissing his 42 U.S.C. § 1983 complaint filed against various employees of the Texas Department of Criminal Justice (TDCJ). Shelton argues that the district court erred in dismissing the claims against Sergeant Michael Lemons because he was not served with the complaint.

Service of process is not a jurisdictional matter. Henderson v. United States, 517 U.S. 654, 671-72, 116 S.Ct. 1638, 134 L.Ed.2d 880 (1996). The district court was not required to order service of process prior to dismissing the…

2Cases cited10 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Leslie Wayne Yohey v. James A. Collins, Director Department of Criminal Justice Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
  3. Henderson v. United StatesSupreme Court of the United States · 1996
  4. Claude E. Woods v. Larry SmithCourt of Appeals for the Fifth Circuit · 1995
  5. Joseph H. Norton v. E.U. Dimazana, M.D. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 1997

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3Cited by1 opinion

  1. Floyd v. PoliteDistrict Court, E.D. Texas · 2023

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