Michael B. Forte v. Janis Sullivan

The plaintiff-appellant, Michael Forte, was convicted of a crime, the nature of which the record does not disclose, and is currently incarcerated. The defendant-ap-pellee, Janis Sullivan, was the court reporter at appellant’s trial. This suit was brought pursuant to 42 U.S.C. § 1983. The district court dismissed the case as “utterly failing to state a cause of action and [as] frivolous and without merit.” 1 Appellant has appealed. While expressing no views on the merits of this case, we think that the district court’s dismissal was premature, and we therefore remand for further proceedings.

A

We…