(Download) "Franklin V. Oregon" by Ninth Circuit United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Franklin V. Oregon
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 07, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This appeal confronts us with a trial court's efforts to expedite the disposition of numerous complaints filed by a prisoner, pro se. We must determine whether the district court erred in dismissing on its own motion before issuance of summonses thirty-three of Franklin's pro se complaints for which Franklin paid the filing fees.*fn1 We hold that the dismissal of actions on the court's own motion before issuance of summonses is proper only when it is clear that the court lacks jurisdiction. We, therefore, reverse the dismissal of eleven of Franklin's actions over which the court did not clearly lack jurisdiction. We reach this conclusion even though, after issuance of summonses and upon proper motion, the trial court might dismiss these actions for failure to state a claim.