Legal Opinion

Pedro Pino v. Patrick Ryan, Deputy Superintendent of Programs, and David Barrenger, Senior Recreation Supervisor at Washington Correctional Facility

Court of Appeals for the Second Circuit

Decided February 22, 1995No. 859, Docket 94-2189PublishedCited by 335 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

On this appeal from a sua sponte dismissal of a pro se lawsuit, we write to clarify the propriety of dismissing frivolous complaints when the barrier of a successful affirmative defense appears on the face of the complaint. Pedro Pino appeals from the March 30,1994, judgment of the District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge), denying him leave to proceed in forma pauperis and dismissing his complaint sua sponte, pursuant to 28 U.S.C. § 1915(d) (1988). For reasons stated below, we conclude that dismissal was proper and…

2Cases cited19 opinions

Haines v. KernerSupreme Court of the United States · 1972
Neitzke v. WilliamsSupreme Court of the United States · 1989
Denton v. HernandezSupreme Court of the United States · 1992
Fred M. Anderson and Wayne Nelson, Fred M. Anderson v. Thomas Coughlin, Commissioner, New York State Department of CorrectionsCourt of Appeals for the Second Circuit · 1983
Norman L. Clark v. State of Georgia Pardons and Paroles BoardCourt of Appeals for the Eleventh Circuit · 1990

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

3Cited by335 opinions

Richard A. LIVINGSTON, Plaintiff-Appellant, v. ADIRONDACK BEVERAGE COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
Shomo v. City of New YorkCourt of Appeals for the Second Circuit · 2009
Tony Walker v. Tommy G. ThompsonCourt of Appeals for the Seventh Circuit · 2002
Brand v. MotleyCourt of Appeals for the Sixth Circuit · 2008
Laura Kropelnicki, Plaintiff-Appellant-Cross-Appellee v. Hal Siegel, Linda Strumpf, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Second Circuit · 2002

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