Legal Opinion
Richard L. Tingler, Jr. v. Ronald Marshall
Court of Appeals for the Sixth Circuit
Decided September 15, 1983No. 81-3017PublishedCited by 188 opinions
1Opinion of the Court
CONTIE, Circuit Judge.
The question before us is whether the district court’s sua sponte dismissal of the plaintiff’s complaint on the merits, prior to service of the complaint upon the defendant and without providing the plaintiff an opportunity to amend his complaint or otherwise respond, was proper. We adhere to our previous statements in Brown v. Stickler, 422 F.2d 1000 (6th Cir.1970) and Martin v. Johnson, 471 F.2d 704 (6th Cir.1973) that such sua sponte dismissals are not favored and we vacate the district court’s judgment and remand the case.
I
On November 25, 1980, the plaintiff, a…
2Cases cited7 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Harry Franklin v. State of Oregon, State Welfare DivisionCourt of Appeals for the Ninth Circuit · 1981
- Eugene Malone v. Gail Colyer, Sheriff of Greene CountyCourt of Appeals for the Sixth Circuit · 1983
- Alred Lewis v. The State of New YorkCourt of Appeals for the Second Circuit · 1976
- Wsm, Incorporated v. Tennessee Sales Company, a General Partnership Comprising Bob Beasley and Nathan DavisCourt of Appeals for the Sixth Circuit · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by188 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
- In Re Prison Litigation Reform ActCourt of Appeals for the Sixth Circuit · 1997
- Thomas L. Apple v. John Glenn, U.S. SenatorCourt of Appeals for the Sixth Circuit · 1999
- Geoffrey Benson v. Greg O'BrianCourt of Appeals for the Sixth Circuit · 1999
183 more not listed; retrieve them via the Exa API.