FOLSE v. HOFFMAN

No. 23-1709.

122 F.4th 80 (2024)

Jay FOLSE, Plaintiff-Appellant, v. Tiffany HOFFMAN, in her personal capacity; Christipher Cook, in his personal capacity; Jonathan Stipetich, in his personal capacity; Francis Gordon; Michael Beaver; Heather Gordon, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2024.


Attorney(s) appearing for the Case

ARGUED: Jeremy B. Cooper, BLACKWATER LAW, PLLC, Pittsburgh, Pennsylvania, for Appellant. Thomas E. Buck, BAILEY & WYANT, PLLC, Wheeling, West Virginia, for Appellees.

Affirmed by published opinion. Judge Heytens wrote the opinion, which Judge Agee and Judge Thacker joined.


Pro se litigant Jay Folse tried to start a lawsuit by faxing a complaint to a federal district court. The clerk stamped the complaint "filed," created an electronic docket for the case, and added the complaint to the docket. Two weeks later, the district court dismissed the complaint without prejudice, determining its...

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