Duff v. Steub

Charles Duff, a Florida prisoner proceeding pro se, appeals the district court’s sua sponte dismissal of his 42 U.S.C. § 1983 complaint pursuant to 28 U.S.C. § 1915A(b)(l) for failure to state a claim. After review, we affirm the district court’s dismissal for failure to state a claim, but conclude that the district court erred in failing to give Duff leave to amend his complaint and, thus, vacate and remand for further proceedings consistent with this opinion.

I. BACKGROUND FACTS

A. Complaint Allegations

Beginning in October 2006, Duff was incarcerated at the Manatee County Jail. Duff was…