Arthur D. Mobley v. Richard Rudez Henry Pankie John Baker Daniel Kahn, 106 F.3d 391 (4th Cir. 1997). · Go Syfert
Arthur D. Mobley v. Richard Rudez Henry Pankie John Baker Daniel Kahn, 106 F.3d 391 (4th Cir. 1997). Cases Citing This Book View Copy Cite
“a court may, on its own initiative, dismiss a civil complaint for failing to state a claim.”
53 citation events (12 in the last 25 years) across 7 distinct courts.
Strongest positive: Woodruff v. United States (mdd, 2023-10-27)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (quoted) Woodruff v. United States
D. Maryland · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a court may, on its own initiative, dismiss a civil complaint for failing to state a claim.
discussed Cited "see, e.g." Calef v. Budden
D.S.C. · 2005 · signal: see also · confidence low
See also Scallet v. Rosenblum, 911 F.Supp. 999, 1009 (W.D.Va.1996), (applying Pickering test to determine that institution’s pedagogical interests outweighed professor’s interest in discussing diversity issues in class), aff’d, 106 F.3d 391 (4th Cir.1997); Boring v. Buncombe County Bd. of Educ., 136 F.3d 364 , 369 (4th Cir.1998) (teacher had no First Amendment right to set curriculum as she saw fit); Stroman, 981 F.2d at 154; Fales v. Garst, 235 F.3d 1122, 1124 (8th Cir.2001)(speech by teachers outweighed by school administration’s interest in addressing turmoil created by the speech);…
Retrieving the full opinion text from the archive…
Arthur D. Mobley
v.
Richard Rudez Henry Pankie John Baker Daniel Kahn
96-2111.
Court of Appeals for the Fourth Circuit.
Jan 21, 1997.
106 F.3d 391

106 F.3d 391

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Arthur D. MOBLEY, Plaintiff-Appellant,
v.
Richard RUDEZ; Henry Pankie; John Baker; Daniel Kahn,
Defendants-Appellees.

No. 96-2111.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 26, 1996.
Decided Jan. 21, 1997.

Appeal from the United States District Court for the District of Maryland, at Baltimore. John R. Hargrove, Senior District Judge. (CA-96-1685-HAR)

Arthur D. Mobley, Appellant Pro Se.

Before ERVIN, NIEMEYER, and MOTZ, Circuit Judges.

OPINION

PER CURIAM:

1

Appellant appeals the district court's sua sponte dismissal of his civil action. Appellant's complaint sought damages for alleged conduct by his supervisors and others at the United States Postal Service whose actions he claims forced him into disability retirement. The district court dismissed Appellant's complaint on its own motion under Fed.R.Civ.P. 12(b)(6). We vacate and remand for further consideration.

2

A court may, on its own initiative, dismiss a civil complaint for failing to state a claim. 5A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1357, at 301 (2d ed.1990). In such situations, however, notice and an opportunity to be heard are normally required. E.g., Ricketts v. Midwest Nat'l Bank, 874 F.2d 1177, 1184-85 (7th Cir.1989). Although this Court has not directly addressed the notice issue in the context of a sua sponte dismissal under Rule 12(b)(6), we have held that notice and an opportunity to be heard are required, regardless of the merits, prior to a sua sponte summary judgment under Fed.R.Civ.P. 56. United States Dev. Corp. v. Peoples Fed. Sav. & Loan Ass'n, 873 F.2d 731, 736 (4th Cir.1989).

3

Because Appellant did not receive notice of the district court's intention to enter a Rule 12(b)(6) dismissal, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED