[Download] "Tingler v. Marshall" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Tingler v. Marshall
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The question before us is whether the district courts sua sponte dismissal of the plaintiffs complaint on the merits, prior to service of the complaint upon the defendant and without providing the plaintiff an opportunity to amend his complaint or otherwise respond, was proper. We adhere to our previous statements in Brown v. Strickler, 422 F.2d 1000 (6th Cir. 1970) and Martin v. Johnson, 471 F.2d 704 (6th Cir. 1973) that such sua sponte dismissals are not favored and we vacate the district courts judgment and remand the case.
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