Harry Franklin v. State of Oregon, State Welfare Division

BOOCHEVER, Circuit Judge:

This appeal confronts us with a trial court’s efforts to expedite the disposition of numerous complaints filed by a prisoner, pro se. We must determine whether the district court erred in dismissing on its own motion before issuance of summonses thirty-three of Franklin’s pro se complaints for which Franklin paid the filing fees.1 We hold that the dismissal of actions on the court’s own motion before issuance of summonses is proper only when it is clear that the court lacks jurisdiction. We, therefore, reverse the dismissal of eleven of Franklin’s actions over which…