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CRUZ v. STATE

No. 07-30501.

528 F.3d 375 (2008)

Jeannine M. CRUZ, Plaintiff-Appellant, v. State of LOUISIANA, through the DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS; Henry L. Whitehorn, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Douglas Daniel Brown, Hammond, LA, for Plaintiff-Appellant.

Douglas Gist Swenson, Baton Rouge, LA, for Defendants-Appellees.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Jeannine Cruz filed a sex discrimination complaint with state and federal claims against Defendants in federal district court in Louisiana. She failed to serve defendants timely, and the court dismissed the case under Rule 4(m).1 Before the court dismissed her first case, she filed a second, identical complaint in state court in April 2006. On its removal...

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