Harry Franklin v. Ms. Murphy and Hoyt Cupp
- Decided
- October 23, 1984
- Docket
- 83-3939 to 83-3978
- Status
- Published
- Jurisdiction
- Federal
Cited 3,076 timesAbrogated on other grounds (verified)Abrogated on other grounds (verified) · McKenna v. HP Incorporated
What later courts said
- holding that a pro se prisoner litigant's pleadings must be construed liberally on a motion for summary judgment — Frost v. Symington (1999)
- holding that a pro se litigant is entitled to notice and an opportunity to amend — Acker v. Frigo (1995)
- holding that district court did not abuse its discretion in refusing to appoint replacement counsel — Gregory Adamson v. Michael Hayes (2017)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
ALARCON, Circuit Judge:
This appeal involves a district court’s dismissal of 41 actions filed by Harry Franklin, a prisoner pro se. To dispose of Franklin’s appeal we must decide whether the district court erred by dismissing Franklin’s in forma pauperis actions as frivolous before issuing a summons and whether a court may dismiss as frivolous an in forma pauperis complaint that states a cause of action. We hold that a court may dismiss a frivolous in forma pauperis action before service of process pursuant to the in forma pauperis statute, 28 U.S.C. § 1915(d). We also define a frivolous action under § 1915(d) as an action lacking arguable basis in law or in fact.
FACTS Harry Franklin is a prisoner in the Oregon State Penitentiary. By 1980, he had filed and paid fees in 37 cases concerning his treatment in prison. On May 29, 1980, the district court dismissed 33 of these cases before Franklin had served summons on the defendants. Franklin appealed and we reversed and remanded 11 of these actions, we held that a district court can only dismiss an action sua sponte before service of process when it clearly lacks jurisdiction.
Statutes cited
Cite this
Harry Franklin v. Ms. Murphy and Hoyt Cupp, 745 F.2d 1221 (1984)Read the full opinion
Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.