Lamb v. Cuomo

*2SUMMARY ORDER

Appellants Deborah Lamb and John Mecca, proceeding pro se, appeal from a judgment of the District Court (Seybert, J.) sua sponte dismissing their suit brought under 42 U.S.C. § 1983. We assume the parties’ familiarity with the facts and record of the prior proceedings, to which we refer only as necessary to explain our decision to affirm.

We have not yet addressed whether we review de novo or for abuse of discretion a district court’s sua sponte dismissal of a complaint for frivolousness where the litigant has paid the filing fee. Fitzgerald v. First E. Seventh St. Tenants Corp.,…