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ROBLES v. COUGHLIN

Nos. 290-292, Dockets 83-2008, 83-2010 and 83-2012.

725 F.2d 12 (1983)

Angel ROBLES, A. Dukes, D. Hooker, R. Bonner, D. Andrews, E. Lowe, R. Winifield, T. Ephram, M. Payne and R. Rassley, Plaintiffs, Angel Robles and Milton Payne, Plaintiffs-Appellants, v. T.A. COUGHLIN, Commissioner, Department of Correctional Services and H.J. Smith, Superintendent, Attica Correctional Facility (ACF), Defendants-Appellees. Angel ROBLES and Milton Payne, Plaintiffs-Appellants, v. T.A. COUGHLIN, Commissioner, Department of Correctional Services; H.J. Smith, Superintendent, ACF; Sgt. Hinnenburg, ACF and Correction Officer Wisiorek, ACF, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 27, 1983.

Attorney(s) appearing for the Case

Theodore V.H. Mayer, New York City (Thomas T. Tamlyn, Jr., New York City, of counsel), for plaintiffs-appellants.

Before CARDAMONE, PIERCE and PRATT, Circuit Judges.

PER CURIAM:

In these consolidated appeals we are asked to determine the sufficiency of prisoners' 42 U.S.C. § 1983 pro se complaints which were accompanied by requests to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The appellants challenge the dismissal of the complaints sua sponte by the district courts herein. Recognizing that sua sponte dismissal prior to service of process upon defendants is strongly disfavored...

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