William Louis Nichols v. Edward F. Schubert, M.D.

Plaintiff’s -pro se complaint under the civil rights statutes, attacking the visiting privileges of the state hospital where plaintiff is under commitment, was received by the court clerk’s office on September 17, 1973. On September 21, 1973, the court granted the plaintiff leave to proceed in forma pauperis and, in the same opinion and order, the court on its own motion dismissed the complaint for failure “to set forth any actionable claim.” No summons was ever issued by the clerk nor served upon the defendant.

Rule 4(a), Fed.R.Civ.P. provides that “[u]pon the filing of the complaint the…