FRIES v. BARNES

No. 705, Docket 79-2219.

618 F.2d 988 (1980)

Jeb S. FRIES, Plaintiff-Appellant, v. Dr. James BARNES, Dr. Kang Foo Kim, John A. Kohler, Police Chief, Town of Hanover Police Department, and Unknown Employees of Lake Shore Intercommunity Hospital, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 10, 1980.


Attorney(s) appearing for the Case

Thomas J. Moloney, New York City, for plaintiff-appellant.

Morley C. Townsend, Buffalo, N. Y. (Townsend & Townsend, Buffalo, N. Y., of counsel), for defendant-appellee John A. Kohler.

Before WATERMAN and MANSFIELD, Circuit Judges, and WEINSTEIN, District Judge.


MANSFIELD, Circuit Judge:

A district court is empowered by 28 U.S.C. § 1915(d) to dismiss sua sponte a pro se civil rights complaint as frivolous on its face, Boag v. Boies, 455 F.2d 467 (9th Cir.), cert. denied, 408 U.S. 926, 92 S.Ct. 2509, 33 L.Ed.2d 338 (1972); Urbano v. Sondern, 41 F.R.D. 355 (D.Conn.1966), aff'd, 370 F.2d 13, 14 (2d Cir.), cert. denied...

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