ADAMS

v.

UNITED STATES

Citator

Cited By

• Leonhard v. The United States, 633 F.2d 599 (2d Cir. 1980)
  …ions, and absence of malice or deceit, and prayed for judgment dismissing the complaint. The district court has the power to dismiss a complaint sua sponte for failure to state a claim, Robins v. Rarback, 325 F. 2d 929 (2d Cir. 1963), cert. denied, 379 U.S. 974, 85 S.Ct. 670, 13 L.Ed.2d 565 (1965); see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357, at 593 (1969). There appears to be no reason why the same rule should not apply to a dismissal on statute of limitations grounds, at least wher…
• Merced Hernandez-Rivera and Carlota Garcia-Vasquez v. Immigr. & Naturalization Serv., 630 F.2d 1352 (9th Cir. 1980)
  …o believing that the time for appeal was extended beyond that prescribed by the applicable rules. See Motteler v. J. A. Jones Construction Company, 447 F. 2d 954 (7th Cir. 1971); See also Pierre v. Jordan, 333 F. 2d 951 (9th Cir. 1964) cert. denied, 379 U.S. 974, 85 S.Ct. 664, 13 L.Ed.2d 565 (1965); 9 J. Moore Federal Practice, 91204.12[2] (3rd Ed. 1980). In such unique circumstances, where there has been official misleading as to the time within which to file a notice of appeal, the late notice may be deem…
• Schonfeld v. Penza, 477 F.2d 899 (2d Cir. 1973)
  …271 F.Supp. at 147, and it was as a result of the election held as a part of the relief ordered by Judge Frankel that Schonfeld was elected to succeed Rarback in 1967 and again in 1970. Robins v. Rarback, 325 F. 2d 929 (2d Cir. 1963), cert. denied, 379 U.S. 974, 85 S.Ct. 670, 13 L.Ed.2d 565 (1965), involved a different plaintiff, but the same union and the issues of member discipline and alleged electoral abuses. Schonfeld v. Raftery, 335 F.Supp. 846 (S.D.N.Y.1971) (Lasker, J.), is another and separate LMR…