TINGLER v. MARSHALL

No. 81-3017.

716 F.2d 1109 (1983)

Richard L. TINGLER, Jr., Plaintiff-Appellant, v. Ronald MARSHALL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1983.


Attorney(s) appearing for the Case

Richard L. Tingler, Jr., pro se.

Dexter W. Clark, Rocky River, Ohio, Steven M. Fitten (argued), Dayton, Ohio, for plaintiff-appellant.

Joseph C. Mastrangelo, Asst. Atty. Gen., Columbus, Ohio, for defendant-appellee.

Before CONTIE, Circuit Judge, BROWN, Senior Circuit Judge, and NEESE, Senior District Judge.


CONTIE, Circuit Judge.

The question before us is whether the district court's sua sponte dismissal of the plaintiff's complaint on the merits, prior to service of the complaint upon the defendant and without providing the plaintiff an opportunity to amend his complaint or otherwise respond, was proper. We adhere to our previous statements in Brown v. Strickler, 422 F.2d 1000 (6th Cir.1970) and Martin v. Johnson,<...

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