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· 9/16/1991

Herbert Thomas v. Charles Scully, Superintendent of Green Haven Cf, and Central Office Review Committee, State of New York Department of Corrections

Citations

  • 943 F.2d 259
  • 1991 U.S. App. LEXIS 21948

How courts have described this case

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

  • holding that a district court has the power to dismiss a complaint sua sponte if the complaint is frivolous
  • holding that a district court has the power to dismiss a complaint sua sponte if the complaint is frivolous
  • holding that a district court has the power to dismiss a complaint sua sponte if the complaint is frivolous
  • noting that “[a] district court has the power to dismiss a complaint sua sponte for failure to state a claim on which relief can be granted” so long as plaintiff had “an opportunity to be heard”
  • overturning dismissal of a plaintiff’s complaint that alleged First Amendment violation where prison officials confiscated nude photographs that had been mailed to him
  • requiring notice and opportunity to be heard before sua sponte dismissing a claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Miner, McLaughlin

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.