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SPRUYTTE v. WALTERS

No. 82-1676.

753 F.2d 498 (1985)

Floyd SPRUYTTE, Plaintiff-Appellant, v. Richard WALTERS and Ronald Schink, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1985.

Rehearing and Rehearing Denied March 27, 1985.

Attorney(s) appearing for the Case

Meri Anne Stowe, Lansing, Mich. (court-appointed), for plaintiff-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Thomas C. Nelson, Asst. Atty. Gen., Corrections Div., Criminal Appeals Section, Lansing, Mich., for defendants-appellees.

Before MARTIN and JONES, Circuit Judges, and WEICK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 27, 1985.

BOYCE F. MARTIN, Jr., Circuit Judge.

Floyd Spruytte, an inmate at the Michigan Intensive Program Center, Marquette, appeals the district court's sua sponte dismissal of his in forma pauperis complaint under 42 U.S.C. § 1983. We reverse and remand the case to the district court.

In Tingler v. Marshall, 716 F.2d 1109 (6th Cir.1983), we held...

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