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HARRIS v. JOHNSON

No. 84-1459.

784 F.2d 222 (1986)

Rochester HARRIS, Plaintiff-Appellant, v. Perry JOHNSON, Director, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 24, 1986.

Attorney(s) appearing for the Case

Alvertis W. Bishop, Jr., argued, court appointed pro bono, Cincinnati, Ohio, for plaintiff-appellant.

Frank J. Kelley, Atty. Gen., Lansing, Mich., Edgar L. Church, Jr., argued, Asst. Atty. Gen., Lansing, Mich., for defendants-appellees.

Before NATHANIEL R. JONES and WELLFORD, Circuit Judges; and JOHN W. PECK, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

In this appeal the court is once again faced with the issue of the proper procedure to be followed by a district court in ordering a sua sponte dismissal of a plaintiff's complaint. In Tingler v. Marshall, 716 F.2d 1109 (6th Cir.1983), we held that a district court could not sua sponte dismiss a complaint on the merits before it is served on the defendants and without prior notice...

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