Boyle v. O'BANNON

OPINION

LARSEN, Justice.

In this appeal we are confronted with the question of whether a court has the power and authority to dismiss a complaint, sua sponte, before the complaint is served on the named defendant and without affording the plaintiff an opportunity to be heard.

On June 24,1981, the appellant, Joseph F. Boyle, filed, pro se, an action in equity against Helen B. O’Bannon, Secretary, Department of Public Welfare, Commonwealth of Pennsylvania. In his complaint appellant alleges that the defendant wilfully infringed upon his legally protected rights by malicious conduct which invades…