Brown v. District Unemployment Compensation Board

MEMORANDUM AND ORDER

SIRICA, District Judge.

On September 18, 1975, Judge Hart, in the exercise of his inherent power to control the judicial process, dismissed this action sua sponte. The plaintiff thereafter moved for a vacation of that order. It is this motion which is now before this Court; it is denied.

Clearly, a district court has the power to dismiss a case sua sponte if it is frivolous or brought for some ulterior purpose such as harassment. 1 J. Moore, Federal Practice ¶.0.60[6] (2d ed. 1975). After he read the complaint in this case, Judge Hart evidently felt that either of these…