Wali Muhammed v. Routh Wrecker Serv., 14 F.3d 24 (8th Cir. 1994). · Go Syfert
Wali Muhammed v. Routh Wrecker Serv., 14 F.3d 24 (8th Cir. 1994). Cases Citing This Book View Copy Cite
21 citation events (16 in the last 25 years) across 6 distinct courts.
Strongest positive: Rodney C. Buckley, Jr. v. G. Alvarez, et al. (caed, 2025-09-29)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Rodney C. Buckley, Jr. v. G. Alvarez, et al.
E.D. Cal. · 2025 · confidence medium
P. 4(c)(3). “[A]n 17 incarcerated pro se plaintiff proceeding in forma pauperis is entitled to rely on the U.S. Marshal 18 for service of the summons and complaint, and . . . should not be penalized by having his or her 19 action dismissed for failure to effect service where the U.S. Marshal or the court clerk has failed 20 to perform the duties required of each of them . . ..” Puett v. Blandford, 912 F.2d 270, 275 (9th 21 Cir. 1990). 22 “So long as the prisoner has furnished the information necessary to identify the defendant, the 23 marshal’s failure to effect service is ‘automatic…
discussed Cited as authority (rule) (PC) Rannels v. Smith
E.D. Cal. · 2024 · confidence medium
P. 4(c)(3). “[A]n incarcerated pro 18 se plaintiff proceeding in forma pauperis is entitled to rely on the U.S. Marshal for service of the 19 summons and complaint, and . . . should not be penalized by having his or her action dismissed 20 for failure to effect service where the U.S. Marshal or the court clerk has failed to perform the 21 duties required of each of them . . ..” Puett v. Blandford, 912 F.2d 270, 275 (9th Cir. 1990). 22 “So long as the prisoner has furnished the information necessary to identify the defendant, the 23 marshal’s failure to effect service is ‘automaticall…
discussed Cited as authority (rule) (PC) Reyna v. Kings County Jail
E.D. Cal. · 2021 · confidence medium
Walker v. Sumner, 14 F.3d 24 1415, 1421-22 (9th Cir. 1994) (dismissal for failure to serve timely under Fed.
discussed Cited as authority (rule) (PC) Steward v. Igbinosa
E.D. Cal. · 2021 · confidence medium
“So 22 long as the prisoner has furnished the information necessary to identify the defendant, the 23 marshal’s failure to effect service is ‘automatically good cause . . . .’” Walker v. Sumner, 14 F.3d 24 1415, 1422 (9th Cir. 1994), abrogated on other grounds by Sandin v. Connor, 515 U.S. 472 , 115 25 (1995).
cited Cited as authority (rule) Webb v. Ricketts
D. Neb. · 2019 · confidence medium
Muhammed v. Routh Wrecker Serv., 14 F.3d 24, 25 (8th Cir. 1994).
discussed Cited as authority (rule) Hines v. City of Albany
2d Cir. · 2017 · confidence medium
Subsections (c) and (e) 13 list certain administrative costs, see L‐3 Commc’ns Corp. v. OSI Sys., Inc., 607 14 F.3d 24, 29 (2d Cir. 2010) (referencing these subsections and explaining that 15 Rule 39 “determines what costs are available”), and, as discussed, the 16 Advisory Committee’s notes identify 28 U.S.C. § 1920 , which excludes 17 attorneys’ fees in its list of costs, as the Rule’s statutory authorization.
cited Cited as authority (rule) Ricky Smith v. Insley's Inc.
8th Cir. · 2007 · confidence medium
Muhammed v. Routh Wrecker Serv., 14 F.3d 24, 25 (8th Cir. 1994).
cited Cited as authority (rule) Smith v. Insley's Inc.
8th Cir. · 2007 · confidence medium
Muhammed v. Routh Wrecker Serv., 14 F.3d 24, 25 (8th Cir.1994).
discussed Cited as authority (rule) Jason French v. Koch's Body Shop
8th Cir. · 2006 · confidence medium
Hanover Bank & Trust, 339 U.S. 306, 314, 319 , 70 S.Ct. 652 , 94 L.Ed. 865 (1950) (notice is sufficient to satisfy due process if reasonably calculated under circumstances to apprise interested parties and give them opportunity to present objections; mails recognized as efficient and inexpensive means of communication); Muhammed v. Routh Wrecker Serv., 14 F.3d 24, 25-26 (8th Cir.1994) (per curiam) (due process claim failed where towing company fulfilled its duties under Arkansas law by mailing notice of towing to last registered owner of vehicle, even though actual owner did not receive notice…
discussed Cited as authority (rule) United States v. Robert Willson Sr.
8th Cir. · 2003 · confidence medium
Hanover Bank & Trust Co., 339 U.S. 306, 314 , 70 S.Ct. 652 , 94 L.Ed. 865 (1950) (standard for adequate notice); United States v. Clark, 84 F.3d 378, 381 (10th Cir.1996) (standard of re *744 view); Muhammed v. Routh Wrecker Serv., 14 F.3d 24, 25-26 (8th Cir.1994) (notice to registered owner was adequate).
discussed Cited as authority (rule) United States v. Birchem
D.S.D. · 1995 · confidence medium
In Muhammed v. Routh *1341 Wrecker Service, the court held that a certified letter notifying the last owner listed on an automobile title of the intent to tow the vehicle was “constitutionally sufficient,” even though the listed owner had sold the car. 14 F.3d 24, 26 (8th Cir.1994).
discussed Cited as authority (rule) Robert Kornblum v. St. Louis County, Missouri, and John Doe, an Unknown Person and John Doe Ii, an Unknown Person
8th Cir. · 1995 · confidence medium
Muhammed v. Routh Wrecker Service, 14 F.3d 24, 25 (8th Cir.1994); Mennonite Board of Missions v. Adams, 462 U.S. 791, 795 , 103 S.Ct. 2706, 2709 , 77 L.Ed.2d 180 (1983); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 , 70 S.Ct. 652, 657 , 94 L.Ed. 865 (1950).
cited Cited "see" Stull v. Smith
N.D. Cal. · 2023 · signal: see · confidence high
See Walker v. Sumner, 14 F.3d 24 1415 , 1419–20 (9th Cir. 1994), overruled on other grounds by Sandin, 515 U.S. 472 .
discussed Cited "see" Langan v. Johnson & Johnson Consumer Cos.
2d Cir. · 2018 · signal: see · confidence high
See Keepers, Inc. v. City of Milford, 807 14 F.3d 24, 39 (2d Cir. 2015) (noting that standing may be raised “for the 15 first time on appeal”). 16 “Article III, Section 2 of the Constitution limits the jurisdiction 17 of the federal courts to the resolution of ‘cases’ and ‘controversies.’” 18 Mahon v. Ticor Title Ins.
Retrieving the full opinion text from the archive…
Wali MUHAMMED, Appellant,
v.
ROUTH WRECKER SERVICE, Appellee
93-2613.
Court of Appeals for the Eighth Circuit.
Jan 11, 1994.
14 F.3d 24
Appellant was not represented by counsel., Edward Glenn Adcock, Little Rock, AR, argued, for appellee.
Gibson, Magill, Beam.
Cited by 18 opinions  |  Published
[*25] PER CURIAM.

Wali Muhammed appeals the district court’s [1] order granting Routh Wrecker Service’s (Routh) summary judgment motion in this 42 U.S.C. § 1988 action. We affirm.

Muhammed filed a pro se complaint alleging that Routh, as a towing subcontractor for the State of Arkansas, towed a vehicle registered under the name of Leslie Lewis, but owned by Muhammed. Muhammed alleged that, while incarcerated, he discovered that the state had impounded his vehicle. Mu-hammed allegedly notified Captain Patilla of the Arkansas State Police that he wanted the vehicle returned to him upon release from prison. Following his release, however, Mu-hammed discovered that Routh had sold his vehicle in a public auction. [2] Muhammed alleged that by selling his vehicle -without first providing notice, Routh, acting under color of state law, deprived him of his property interest without due process. Muhammed sought return of the vehicle, compensatory damages, and punitive damages of $50,000.

The district court granted Routh’s summary judgment motion. The court held that Muhammed failed to establish that he owned the vehicle and, therefore, he could not establish a deprivation of a property interest. The court denied Muhammed’s request to amend his complaint in light of his inability to establish a property interest and his failure to allege any facts of a conspiracy under 42 U.S.C. § 1985. The court also rejected Muhammed’s agency theory regarding knowledge imputed to Routh as an agent of the state.

This court reviews the grant of a summary judgment motion de novo and examines the record in the light most favorable to the nonmoving party. United States ex rel. Glass v. Medtronic, Inc., 957 F.2d 605, 607 (8th Cir.1992). This court, however, will affirm a grant of summary judgment against a party if the party is unable to establish an essential element of its claim. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The Due Process Clause of the Fourteenth Amendment requires that prior to an action that will affect an interest in property, “a State must provide ‘notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.’ ” Mennonite Bd. v. Adams, 462 U.S. 791, 795, 103 S.Ct. 2706, 2709, 77 L.Ed.2d 180 (1983) (quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950)).

We assume, without deciding, that Routh’s sale of Muhammed’s vehicle amounts to state action and that Muhammed had a property interest in the vehicle. Muhammed claims that Routh deprived him of a property interest without due process of law. Specifically, Muhammed claims that Routh sold his car without first giving Muhammed notice.

Title 27, chapter 50, section 1208 sets out the notice procedure required of a towing-storage firm by Arkansas law before it can secure a possessory lien in and subsequently sell a vehicle. Section 1208 requires that a towing-storage firm give notice to the last registered owner of the vehicle by certified mail. Ark.Code Ann. § 27-50-1208(b)(2), (c) (Michie Supp.1993); see id. § 27-50-1101 (Michie Supp.1993) (“Procedure to sell abandoned vehicles”). Routh followed the requirements of section 1208 and determined that Leslie Lewis was the registered owner of the vehicle. Routh mailed, via certified mail, notice of the impending sale to Lewis’s address. [3] Mu-hammed never received this notice because Routh addressed the notice, as required by statute, to Lewis, the last registered owner. Routh also published notice of the impending auction of the vehicle in a local newspaper.

The sole reason that Muhammed failed to receive actual notice of the impending sale[*26] was his failure to register the vehicle in his own name. Muhammed stated in his Request to Amend Complaint and Response to Defendant’s Counter Motion for Summary-Judgment:

The plaintiff purchased his automobile from Leslie Lewis under contract, but, after the U.S. DISTRICT BANKRUPTCY COURT' awarded title to plaintiff, the G.M.A.C. financing company refused to change the title to plaintiffs name, therefore, plaintiff decided to keep the car in the a.k.a. name of Leslie Lewis, but actual ownership of the auto is with plaintiff.

District Ct.Doc. 24, at 1 (emphasis added). Arkansas law requires that every vehicle be registered. Ark.Code Ann. § 27-14-703 (Mi-chie 1987) (stating general rule and exceptions to general rule). Arkansas law also requires that “[t]he transferee of any new or used motor vehicle ... shall apply for ... the registration thereof within ten (10) working days after the date of transfer.” Id. § 27-14-903 (Michie Supp.1993). By keeping the registration in Lewis’s name, Mu-hammed frustrated the Arkansas statutory scheme and frustrated Routh’s attempts to provide notice. Thus, Muhammed’s failure to register the vehicle in his own name was the sole reason that he did not receive actual notice. In effect, Muhammed’s failure to register the vehicle in his own name made his identity “not reasonably identifiable.” Cf. Mennonite Bd., 462 U.S. at 798, 103 S.Ct. at 2711 (implying that constructive notice may be sufficient where individual with property interest is not reasonably identifiable). Therefore, we hold that the notice provided by Routh was constitutionally sufficient under these circumstances.

We have considered Muhammed’s remaining contentions and find them to be without merit.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.

2

. Routh auctioned off the vehicle on October 19, 1991, for $400. Routh applied the $400 to offset. the $1276 Routh had incurred for towing, storage and administrative charges.

3

.Lewis’s address is the same as Muhammed’s.