[DOWNLOAD] "Benson v. Obrian" by Sixth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Benson v. Obrian
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 15, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Geoffrey Benson appeals from a judgment of the district court dismissing his complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2). This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a). We conclude that § 1915(e)(2) applies only to in forma pauperis proceedings. As Benson had not requested leave to proceed in forma pauperis, dismissal pursuant to this provision was improper. Accordingly, we vacate the judgment dismissing the action and remand the case for further proceedings.