POLITZ, Circuit Judge:
The district court invoked 28 U.S.C. § 1915(d) sua sponte and dismissed the 42 U.S.C. § 1983 pro se and in forma pauperis complaint of Danny Foulds. Viewing the complaint in its most favorable light, we find that Foulds has stated a colorable claim and conclude that the dismissal was premature. We vacate and remand for further proceedings, including in the court's discretion, a Spears
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