Legal Opinion
Alred Lewis v. The State of New York
Court of Appeals for the Second Circuit
Decided October 27, 1976No. 18-1164PublishedCited by 84 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
More than a quarter century ago, Judge, later Chief Judge, Clark cautioned against “judicial haste which in the long run makes waste”. Dioguardi v. Durning, 139 F.2d 774, 775 (2d Cir. 1944). His condemnation of premature dismissals based solely on the words in the pleading applies with added force when the action is terminated prior to service of process on the opposing party. We hold that Judge Port’s sua sponte dismissal of a prisoner’s pro se complaint for failure to state a federal claim was improper, where the complaint alleged a violation of 42 U.S.C. §…
2Cases cited13 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- John R. Hansen v. Raymond W. MayCourt of Appeals for the Ninth Circuit · 1974
- Nevin Mawhinney v. Robert J. Henderson, Superintendent, Peter Preiser, Commissioner of Corrections, and Norris, LieutenantCourt of Appeals for the Second Circuit · 1976
- California Diversified Promotions, Inc. v. James A. MusickCourt of Appeals for the Ninth Circuit · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
- Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
- Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
- Guy McEachin v. Michael McGuinnis Superintendent, W.E. Wilcox, Acting Dep. Supt. Of Security, Southport, J. Irizarry, Food Service AdministratorCourt of Appeals for the Second Circuit · 2004
- Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981
79 more not listed; retrieve them via the Exa API.