The appellant, acting pro se, asserted claims under 42 U.S.C. §1983. The district court dismissed the suit for delay in perfecting service of process. A litigant's pro se status neither excuses his failure to effect service nor excuses him for lack of knowledge of the Rules of Civil Procedure. Even if the days the appellant was admitted for in-patient care at an out-of-state treatment facility are deducted from the equation, the appellant still fails to show that he exercised due diligence during the remaining time available to perfect service of process. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-10153, 02-22-2013.
Thrasher v. City of Amarillo
February 26, 2013
This article requires premium access
This article requires premium access to Texas Lawyer. Please sign in or subscribe to read the full text.