CLARK v. OCEAN BRAND TUNA

No. 91-3871.

974 F.2d 48 (1992)

Autry L. CLARK, Plaintiff-Appellant, v. OCEAN BRAND TUNA; Ocean King, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1992.


Attorney(s) appearing for the Case

Autry L. Clark (briefed), pro se.

Before: GUY and RYAN, Circuit Judges, and HULL, Chief District Judge.


PER CURIAM.

The plaintiff appeals from an order of the district court dismissing as frivolous his action against the manufacturer of an allegedly mislabelled product. We find that the district court erred by sua sponte dismissing the action as a frivolous in forma pauperis lawsuit under 28 U.S.C. § 1915(d) after requiring the plaintiff to pay a partial filing fee. Accordingly, we reverse and remand.

I.

The plaintiff, Autry Clark...

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