Legal Opinion
Rochester Harris v. Perry Johnson, Director
Court of Appeals for the Sixth Circuit
Decided February 24, 1986No. 84-1459PublishedCited by 89 opinions
1Opinion of the Court
NATHANIEL R. JONES, Circuit Judge.
In this appeal the court is once again faced with the issue of the proper procedure to be followed by a district court in ordering a sua sponte dismissal of a plaintiffs complaint. In Tingler v. Marshall, 716 F.2d 1109 (6th Cir.1983), we held that a district court could not sua sponte dismiss a complaint on the merits before it is served on the defendants and without prior notice to the plaintiff. Instead, we required that
a district court faced with a complaint which it believes may be subject to dismissal must: (1) allow service of the complaint upon the…
2Cases cited7 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- Bobby L. Brooks v. Warden Mike DuttonCourt of Appeals for the Sixth Circuit · 1985
- Richard L. Tingler, Jr. v. Ronald MarshallCourt of Appeals for the Sixth Circuit · 1983
- Floyd Spruytte v. Richard Walters and Ronald SchinkCourt of Appeals for the Sixth Circuit · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Richard G. Lawler v. Ronald C. Marshall, Supt. Dunn, Captain McAlister Lieutenant Dunn, Officer Boehm, Officer Paul AdamsCourt of Appeals for the Sixth Circuit · 1990
- Albert G. Gibson v. R.G. Smith CompanyCourt of Appeals for the Sixth Circuit · 1990
- Stone v. MehlbergDistrict Court, W.D. Michigan · 1990
- Czupih v. Card Pak Inc.District Court, N.D. Ohio · 1996
- Gribble v. BassCourt of Appeals for the Sixth Circuit · 1993
84 more not listed; retrieve them via the Exa API.