Legal Opinion

Geoffrey Benson v. Greg O'Brian

Court of Appeals for the Sixth Circuit

Decided June 15, 1999No. 98-3017PublishedCited by 663 opinions

1Opinion of the Court

MOORE, Circuit Judge.

Geoffrey Benson appeals from a judgment of the district court dismissing his complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2). This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). We conclude that § 1915(e)(2) apphes only to in forma pau-peris proceedings. As Benson had not requested leave to proceed in forma pau-peris, dismissal pursuant to this provision was improper. Accordingly, we vacate the judgment…

2Cases cited7 opinions

Denton v. HernandezSupreme Court of the United States · 1992
Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
Bazrowx v. ScottCourt of Appeals for the Fifth Circuit · 1998
Richard L. Tingler, Jr. v. Ronald MarshallCourt of Appeals for the Sixth Circuit · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by663 opinions

Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, IntervenorCourt of Appeals for the Third Circuit · 2002
Stanford Shane Otis Terrell Robert Stewart v. William Fauver, Commissioner James Barbo, Administrator Rogers, Chief Director of CustodyCourt of Appeals for the Third Circuit · 2000
Thomas L. Apple v. John Glenn, U.S. SenatorCourt of Appeals for the Sixth Circuit · 1999
Forrest Zayne Brown, Stephen Michael Richmond, Christopher Michael Croft, and Tony Lynn Meadows v. Alan BargeryCourt of Appeals for the Sixth Circuit · 2000

658 more not listed; retrieve them via the Exa API.