· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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