Sunday, January 28, 2007

On the timeliness of a complaint filed with a motion to proceed in forma pauperis

In Johnson v. University of Virginia Medical Center, Judge Moon of the W.D. Va. held that the plaintiff's action was timely, where he had filed the complaint together with an in forma pauperis motion on the last day of the limitation period, even though the Court did not formally grant the motion until some days later.

Judge Moon also held that the plaintiff had sued the hospital defendant in the wrong name, but granted the plaintiff leave to amend, without addressing the question of whether the misnomer affected the timeliness of the complaint.

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