Is a failure to meet the filing deadline a fatal failure to demonstrate an actual injury?
MultiRegion, United States of America
The following excerpt is from Anderson v. Tallerico, Case No.: 1:13-cv-00507 LJO JLT (E.D. Cal. 2013):
prejudice with respect to contemplated or existing litigation, such as the inability to meet a filing deadline or to present a claim." Id. The failure to demonstrate an actual injury is jurisdictional. Alvarez v. Hill, 518 F.3d 1152, 1155 (9th Cir. 2008) ("Failure to show that a "nonfrivolous legal claim had been frustrated" is fatal").
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