United States Fifth Circuit

When a case is reinstated pursuant to Fed. R. Civ. P. 60(b), the applicable date for calculating the statute of limitations is the date of the initial filing. Dismissal of a 42 U.S.C. section 1983 suit against prison officials and employees, arising from claims of medical injuries sustained while plaintiff was incarcerated, is reversed in part where the district court abused its discretion in dismissing certain claims as time-barred.

Appellate Information

• Decided 09/12/2006
• Published 09/13/2006

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARZA, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Raymond Stanley, Beeville, TX, pro se.