ROBERT RASBERRY, PLAINTIFF-APPELLANT,
v.
DAVID SPRADLING, ETC., ET AL., DEFENDANTS-APPELLEES
ROBERT RASBERRY, PLAINTIFF-APPELLANT,
DAVID SPRADLING, ETC., ET AL., DEFENDANTS-APPELLEES
558 F.2d 257
Court of Appeals for the Fifth Circuit (1977)
Negative Treatment
Cited by 150 cases
Opinion of the Court
PER CURIAM:
This is a § 1983 prisoner civil rights case. Rather than ruling on the sufficiency of the complaint under standards of Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the court referred the matter to a Magistrate who made an independent, ex parte factual investigation, including interviews of one or more witnesses.
The Magistrate concluded that plaintiff could not prove any set of facts that would entitle him to recover, and recommended that the case be dismissed as frivolous. The district court accepted the recommendation and dismissed the suit as frivolous. This does not comport with the Federal Rules of Civil Procedure or the governing case law.
VACATED and REMANDED for reconsideration under correct legal standards.
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Stone v. First Union Corp., 371 F.3d 1305 (11th Cir. 2004)
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United States v. Jefferson Cnty., 720 F.2d 1511 (11th Cir. 1983)
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Piambino v. Bailey, 610 F.2d 1306 (5th Cir. 1980)
Previewing 3 of 73 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Haines v. Kerner, 404 U.S. 519 (U.S. 1972)