Robert Rasberry v. David Spradling, Etc.
This text of 558 F.2d 257 (Robert Rasberry v. David Spradling, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
558 F.2d 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-rasberry-v-david-spradling-etc-ca5-1977.