United States Second Circuit

In a suit brought pro se in which the district court granted the plaintiff leave to proceed in forma pauperis, the district court's dismissal of a claim and its denial of a Rule 60(b) motion to reopen are affirmed, where: 1) the plaintiff failed to timely serve the defendants; and 2) the district court did not abuse its discretion in dismissing for untimely service, where the plaintiff did not advise the district court that she was relying on the Marshals to effect service and request a further extension of time for them to do so.

Appellate Information

• Decided 05/24/2012
• Published 05/24/2012

Judges

• Calabresi

Court

• United States Second Circuit

Counsel