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No. 8645753
United States Court of Appeals for the Ninth Circuit
Burnett v. Mukasey
No. 8645753 · Decided November 27, 2007
No. 8645753·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 27, 2007
Citation
No. 8645753
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** The facts of this case are known to the parties. Unlike Boyd v. U.S. Postal Service, 752 F.2d 410 (9th Cir.1985), the DEA litigated Burnett’s claim for roughly seven years to a decision on the merits before the agency, and failed to affirmatively set forth statute of limitations as a defense in its first responsive pleading before the district court as required by Fed.R.Civ.P. 8(c). As a result, we conclude that the Government waived its timeliness objection. REVERSED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** The facts of this case are known to the parties.
Key Points
01MEMORANDUM ** The facts of this case are known to the parties.
02Postal Service, 752 F.2d 410 (9th Cir.1985), the DEA litigated Burnett’s claim for roughly seven years to a decision on the merits before the agency, and failed to affirmatively set forth statute of limitations as a defense in its first res
03As a result, we conclude that the Government waived its timeliness objection.
04This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir.
Frequently Asked Questions
MEMORANDUM ** The facts of this case are known to the parties.
FlawCheck shows no negative treatment for Burnett v. Mukasey in the current circuit citation data.
This case was decided on November 27, 2007.
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