# Richard L. Tingler, Jr. v. Ronald Marshall

> Court of Appeals for the Sixth Circuit · September 15, 1983 · 716 F.2d 1109

URL: https://www.frixlaw.com/law-library/cases/9471146

## Case

- **Full name:** Richard L. TINGLER, Jr., Plaintiff-Appellant, v. Ronald MARSHALL, Defendant-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 15, 1983
- **Citations:** 716 F.2d 1109; 37 Fed. R. Serv. 2d 934; 1983 U.S. App. LEXIS 16895
- **Precedential status:** Published
- **Opinion:** Concurrence by Neese
- **Judges:** Contie, Brown, Neese
- **Cited by:** 227 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by statute, as recognized in In Re Prison Litigation Reform Act.
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471146

## How later opinions describe it (automated extraction)

- explaining that a court must “notify all parties of its intent to dismiss the complaint” and “give the plaintiff a chance to either amend his complaint or respond to the reasons stated by the district court in its notice of intended sua sponte dismissal.”
- explaining that sua sponte dismissal against a non-moving defendant is disfavored when the plaintiff has “no opportunity to amend their complaint[] or make legal arguments against the dismissal”
- holding that a court’s sua sponte dismissal of a complaint on the merits prior to service of the complaint, notice of intent to dismiss, or opportunity to amend was improper

## Opinion text

NEESE, Senior (retired District) Judge,
concurring.
As the District Judge’s decision is vacated and this matter remanded under the supervisory powers of this Court, I concur, understanding, as I do, that the majority finds in the complaint a claim by this prisoner of an unreasonable restriction by his custodians upon his right to free association under the Constitution, First Amendment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471146. Public record. Not legal advice.