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BaldwIn County Welcome Center Vs. Brown
Cites for this judgment
- US Supreme Court
- Apr 16, 1984
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U.S. 147 (1984) U.S. Supreme Court Baldwin County Welcome Center v. BrownSearch
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U.S. 147 (1984) Baldwin County Welcome Center v. BrownSearch
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Brown of the 90-day limitation. This is not a case in which a claimant has received inadequate notice, see Gates v. Georgia-PacificSearch
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of counsel is pending and equity would justify tolling the statutory period until the motion is acted upon, see Harris v. Walgreen'sSearch
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or where the court has led the plaintiff to believe that she had done everything required of her, see Carlile v. SouthSearch
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this a case where affirmative misconduct on the part of a defendant lulled the plaintiff into inaction. See Villasenor v. LockheedSearch
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Wilkerson v. SiegfriedSearch
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Leake v. UniversitySearch
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are not to be disregarded by courts out of a vague sympathy for particular litigants. As we stated in Mohasco Corp. v. SilverSearch
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in which to file a complaint that satisfies the requirements of Rule 8. See Huston v. GeneralSearch
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Brown also contends that application of the doctrine of equitable tolling is mandated by our decision in Zipes v. TransSearch
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ante at 466 U. S. 152 (quoting Mohasco Corp. v. SilverSearch
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the Southern District was more convenient for all parties. Id. at 15. He transferred the case, captioned Brown v. BaldwinSearch
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in forma pauperis and that she had requested the appointment of counsel. Id. at 15. The case, now Brown v. BaldwinSearch
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by pro se litigants, the Magistrate stated that the 90-day limitation period was jurisdictional, citing Prophet v. ArmcoSearch
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Wrenn v. AmericanSearch
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Prophet v. ArmcoSearch
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and Nilsen v. CitySearch
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filing the interlocutory appeal which was time-barred. Petitioner opposed the motion, citing Alabama Labor Council v. AlabamaSearch
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for filing the interlocutory appeal. The District Court reentered its previous order on October 5, citing Aparicio v. SwanSearch
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Circuit, viewing the Fifth Circuit's decision in Aparicio as binding authority under its decision in Bonner v. CitySearch
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for filing the petition. There is a conflict in the Circuits on this jurisdictional question, compare, e.g., Woods v. BaltimoreSearch
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Ohio R. Co., 441 F.2d 407, 408 (CA6 1971) (per curiam), and Nakhleh v. ChemicalSearch
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Construction Corp., 366 F.Supp. 1221, 1222-1223 (SDNY 1973), with Aparicio v. PageSearch
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Nuclear Engineering Co. v. ScottSearch
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id. at 246), cert. denied sub nom. Nuclear Engineering Co. v. FahnerSearch
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Braden v. UniversitySearch
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to agree with respondent that the statute of limitations issue was not a jurisdictional question, see Mohasco Corp. v. SilverSearch
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Zipes v. TransSearch
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Browder v. DirectorSearch
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Schlesinger v. CouncilmanSearch
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We frequently have stated that pro se pleadings are to be given a liberal construction. E.g., Haines v. KernerSearch
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The majority all but ignores the Fifth Circuit's decision in Wrenn and the Eighth Circuit's decisions in Huston v. GeneralSearch
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Motors Corp., 477 F.2d 1003, 1006-1008 (1973), and Wingfield v. GoodwillSearch
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Burnett v. NewSearch
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to the possibility of an enforcement suit when the charge has been filed with the EEOC. Occidental Life Insurance Co. v. EEOCSearch
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Court in attempting to obtain counsel and file a formal complaint should toll the statute of limitations. See Wingeld v. GoodwillSearch
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Huston v. GeneralSearch
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Harris v. Walgreen'sSearch
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Love v. PullmanSearch
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Sanchez v. StandardSearch
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Pettway v. AmericanSearch
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n. 9 (1971) (noting burden of initiating legal proceedings on Title VII litigants, and citing with approval Sanchez v. StandardSearch
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Brands, Inc., supra, and Pettway v. AmericanSearch
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the court below relied, leaves ample room for dismissals when plaintiffs slumber on their rights. See, e.g., Potts v. SouthernSearch
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E.g., General Television Arts, Inc. v. SouthernSearch
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