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· 10/27/1976

Alred Lewis v. The State of New York

Citations

  • 547 F.2d 4

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that it is generally improper to sua sponte dismiss for failure to state a claim without 8 first giving the plaintiff an opportunity to respond
  • “Untimely dismissal may prove wasteful of the court’s limited resources rather than expeditious, for it often leads to a shuttling of the lawsuit between the district and appellate courts.”
  • “It is prudent for judges to avoid an inquisitorial role, and not search out issues more appropriately left to a motion by the opposing party.”
  • “[i]t is prudent for judges to avoid an inquisitorial role”
  • \[i]t is prudent for judges to avoid an inquisitorial role\
  • “Great circumspection is required before terminating such actions, particularly in their embryonic stages. It is prudent for judges to avoid an inquisitorial role, and not search out issues more appropriately left to a motion by the opposing party.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Moore, Mansfield

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.