Legal Opinion
Warren Graves v. Ennis J. Olgiati, Chairman of the New York State Board of Parole
Court of Appeals for the Second Circuit
Decided March 7, 1977No. 813, Docket 76-2111PublishedCited by 23 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
We are once again confronted with a prisoner’s appeal from a sua sponte dismissal of the pro se civil rights complaint he filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343 in the Northern District of New York. 1 While we believe that Judge Port erred in dismissing the action on the ground that it was barred by res judicata, it is nevertheless clear that appellant Warren Graves’s complaint falls into that narrow category of cases where dismissal prior to receiving a responsive pleading is proper because the constitutional claims asserted are “patently…
2Cases cited13 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Bell v. HoodSupreme Court of the United States · 1946
- Moody v. DaggettSupreme Court of the United States · 1976
- Zerbst v. KidwellSupreme Court of the United States · 1938
- John F. Lombard v. The Board of Education of the City of New York, and John A. Murphy,defendants-AppelleesCourt of Appeals for the Second Circuit · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
- Dan M. Zernial v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
- Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. SternCourt of Appeals for the Second Circuit · 1993
- Winters v. LavineCourt of Appeals for the Second Circuit · 1978
18 more not listed; retrieve them via the Exa API.