Houston v. Lack
487 U.S. 266 (1988) Cited 13,934 times 2 Legal AnalysesHolding that a pro se prisoner's notice of appeal is considered filed the moment it is delivered to prison authorities for mailing to the court
Phillips v. U.S.
260 F.3d 1316 (11th Cir. 2001) Cited 77 timesHolding that Georgia's renewal statute does not alter the FTCA's statute of limitations
Rodgers on Behalf of Jones v. Bowen
790 F.2d 1550 (11th Cir. 1986) Cited 88 timesHolding that a complaint is deemed "filed" for statute of limitations purposes when actually or constructively received by the court clerk — despite the untimely payment of the filing fee
Edwards v. Apple Computer, Inc.
645 F. App'x 849 (11th Cir. 2016) Cited 4 timesFinding a pro se prisoner took no steps to ensure his claim was docketed before 33 months passed
Reese v. City of Atlanta
247 Ga. App. 701 (Ga. Ct. App. 2001) Cited 14 timesHolding that two year statute of limitations also applies to unlawful imprisonment case
Leggett v. Strickland
640 F.2d 774 (5th Cir. 1981) Cited 20 timesFinding that a complaint was not "filed" until it was in "actual or constructive possession of the clerk"
Mingledorff v. Stokely
223 Ga. App. 183 (Ga. Ct. App. 1996) Cited 2 timesRejecting the mailbox rule in the context of a negligence action brought by a prisoner proceeding pro se
In re Stewart-Brown
8 B.R. 593 (Bankr. N.D. Ga. 1981) Cited 5 timesBankruptcy No. 80-01339A. Adv. No. 80-0514A. January 29, 1981. Steven F. Dobson, Brown, Ray Dobson, Chattanooga, Tenn., and Gerald H. White, Rosenbluth, Kahn White, Atlanta, Ga., for Empire Gas Co. Richard D. Ellenberg, Schultz, Ellenberg Roberts, Atlanta, Ga., for Henry Lee Stewart-Brown. HUGH ROBINSON, Bankruptcy Judge. ORDER The defendant's motions to dismiss for lack of personal jurisdiction and for failure to state a claim upon which relief can be granted and motion for judgment on the pleadings
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 493,132 times 696 Legal AnalysesHolding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 351,086 times 937 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,250 times 52 Legal AnalysesProviding that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Rule 3 - Commencing an Action
Fed. R. Civ. P. 3 Cited 3,006 times 5 Legal AnalysesStating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
Section 9-11-5 - Service and filing of pleadings subsequent to the original complaint and other papers
Ga. Code § 9-11-5 Cited 172 times(a)Service - When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be
Section 9-11-3 - Commencement of action; filing of civil case filing form
Ga. Code § 9-11-3 Cited 54 timesRegarding filing of a civil case form