[Download] "Tingler v. Marshall" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

January 18, 2021

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.