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PINO v. RYAN

No. 859, Docket 94-2189.

49 F.3d 51 (1995)

Pedro PINO, Plaintiff-Appellant, v. Patrick RYAN, Deputy Superintendent of Programs, and David Barrenger, Senior Recreation Supervisor at Washington Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 22, 1995.

Attorney(s) appearing for the Case

Sheryl B. Galler, New York City (Arthur S. Linker, Rosenman & Colin, New York City, on the brief), for plaintiff-appellant.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and CABRANES, Circuit Judges.

JON O. NEWMAN, Chief Judge:

On this appeal from a sua sponte dismissal of a pro se lawsuit, we write to clarify the propriety of dismissing frivolous complaints when the barrier of a successful affirmative defense appears on the face of the complaint. Pedro Pino appeals from the March 30, 1994, judgment of the District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge), denying him leave to proceed in forma pauperis

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