Robles v. Coughlin

In these consolidated appeals we are asked to determine the sufficiency of prisoners’ 42 U.S.C. § 1983 pro se complaints which were accompanied by requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The appellants challenge the dismissal of the complaints sua sponte by the district courts herein. Recognizing that sua sponte dismissal prior to service of process upon defendants is strongly disfavored in this circuit, and finding that the complaints herein appear to allege a cognizable claim under section 1983, we reverse and remand to the district courts for further proceedings.