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eBook details

• Title: Harris v. Johnson
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 24, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

NATHANIEL R. JONES, Circuit Judge. In this appeal the court is once again faced with the issue of the proper procedure to be followed by a district court in ordering a sua sponte dismissal of a plaintiffs complaint. In Tingler v. Marshall, 716 F.2d 1109 (6th Cir. 1983), we held that a district court could not sua sponte dismiss a complaint on the merits before it is served on the defendants and without prior notice to the plaintiff. Instead, we required that

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