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Anthony Romandette appeals pro se from an order of the United States District Court for the Southern District of New York (Brieant, J.) dismissing his diversity action for failure to effect service of the summons and complaint, Fed.R.Civ.P. 4, and for neglect to prosecute, Fed.R.Civ.P. 41(b). At the time the lawsuit was instituted — December 3, 1984 — and throughout most of the litigation, Romandette was incarcerated. Due to his incarceration, he was dependent upon prison library facilities to research his legal claims and, because of his in forma pauperis status, dependent upon United States Marshals to effectuate service of process. Because of the special circumstances constraining Romandette in the prosecution of his suit, we hold that the district court erred in dismissing for failure to effect service and abused its discretion in dismissing for neglect to prosecute. We therefore reverse.


807 F.2d 309 (1986)

Anthony ROMANDETTE, Plaintiff-Appellant, v. WEETABIX COMPANY, INC., Defendant-Appellee.

No. 11, Docket 86-2061.

United States Court of Appeals, Second Circuit.

Argued September 19, 1986.

Decided December 15, 1986.

New York Law School location: File #242, Box #118