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FOULDS v. CORLEY

No. 87-2730 Summary Calendar.

833 F.2d 52 (1987)

Danny FOULDS, Plaintiff-Appellant, v. Joe CORLEY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 1, 1987.

Attorney(s) appearing for the Case

Danny Foulds, pro se.

Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

The district court invoked 28 U.S.C. § 1915(d) sua sponte and dismissed the 42 U.S.C. § 1983 pro se and in forma pauperis complaint of Danny Foulds. Viewing the complaint in its most favorable light, we find that Foulds has stated a colorable claim and conclude that the dismissal was premature. We vacate and remand for further proceedings, including in the court's discretion, a Spears1...

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