Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242 , 246-47 (5th Cir.1997) (citation & internal quotation omitted). 3 . McGore v. Wriggleswo, 136 F.3d 1053. · Go Syfert
Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242 , 246-47 (5th Cir.1997) (citation & internal quotation omitted). 3 . McGore v. Wriggleswo, 136 F.3d 1053. Cases Citing This Book View Copy Cite
577 citation events (548 in the last 25 years) across 23 distinct courts.
Strongest positive: Dameka Cage v. East Baton Rouge Parish School District, et al. (lamd, 2026-02-11)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dameka Cage v. East Baton Rouge Parish School District, et al.
M.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in dismissing a pro se complaint for failure to state a claim under rule 12(b)(6) without giving the plaintiff an opportunity to amend.
discussed Cited as authority (verbatim quote) Ray v. Carter (2×) also: Cited "see, e.g."
S.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in dismissing a pro se complaint for failure to state a claim under rule 12(b)(6) without giving the plaintiff an opportunity to amend.
discussed Cited as authority (verbatim quote) Yan v. The State Bar of Texas
N.D. Tex. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in dismissing a pro se complaint for failure to state a claim under rule 12(b)(6) without giving the plaintiff an opportunity to amend.
discussed Cited as authority (verbatim quote) Carter v. State of Texas
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
holding that a district court does not err in dismissing a pro se complaint with prejudice if the court determines the plaintiff has alleged his best case
discussed Cited as authority (verbatim quote) Perez v. Linkedin Corporation
S.D. Tex. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in dismissing a pro se complaint for failure to state a claim under rule 12(b)(6) without giving the plaintiff an opportunity to amend.
discussed Cited as authority (verbatim quote) Johnson v. Athenix Physicians Group, Inc.'s
S.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in 13 dismissing a pro se complaint for failure to state a claim . . . without giving the plaintiff an 14 opportunity to amend.
discussed Cited as authority (verbatim quote) Max Lopez, Jr. v. G.A. Smith (2×) also: Cited "see, e.g."
9th Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally a district court errs in dismissing a pro se complaint for failure to state a claim under rule 12(b)(6) without giving the plaintiff an opportunity to amend.
discussed Cited as authority (quoted) Clark v. Natl Equi Hold Inc
5th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence low
the district court may dismiss an action on its own motion under rule 12(b)(6) 'as long as the procedure employed is fair.
discussed Cited as authority (rule) Sidney C. Nelson v. Brenetta A. Hoskins
N.D. Miss. · 2026 · confidence medium
Doc #1 at PageID 4; Doc #1-3. 18Though the Court’s August 18 order required Nelson to show cause “why his claims should not be dismissed with prejudice,” Doc. #8 at 4, the Court dismiss Nelson’s complaint without prejudice because “[g]enerally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the opportunity to amend. … Such error may be ameliorated … if the dismissal was without prejudice,” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (emphasis in original); see Hitt v. City of Pasadena, 561 F.2d 606…
cited Cited as authority (rule) Cassandra Newbern v. Mississippi Department of Child Protection Services, et al.
N.D. Miss. · 2026 · confidence medium
Tex. May 14, 2024) (quoting Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
examined Cited as authority (rule) Joshua Harris v. Trans Union LLC (3×) also: Cited "see, e.g."
N.D. Miss. · 2026 · confidence medium
As the Fifth Circuit has explained, “district courts should not dismiss pro se complaints pursuant to Rule 12(b)(6) without first providing the plaintiff an opportunity to amend, unless it is obvious from the record that the plaintiff has pled his best case[.]” Ricks v. Khan, 135 F.4th 296, 300-01 (5th Cir. 2025).11 “In fact, a district court generally errs if it dismissed a pro se complaint…without first giving the plaintiff an opportunity to amend.” Dark v. Potter, 293 F. App’x 254, 256 (5th Cir. 2008) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998); Moawad v. Child…
discussed Cited as authority (rule) Urness J. Gray v. Acadia Healthcare et al.
W.D. La. · 2026 · confidence medium
Generally, “a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (citation omitted).
discussed Cited as authority (rule) Adam Smith (#70741) v. Sheryl M. Ranatza
M.D. La. · 2026 · confidence medium
Doc. 3. 5 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (recognizing that the standards for determining whether a complaint fails to state a claim for relief are the same under 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A and Fed.
discussed Cited as authority (rule) Peter E. Lander v. Marc David Krock, et al.
E.D. Tex. · 2026 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam); Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (finding that a pro se plaintiff did not provide any explanation for how he would have overcome the deficiencies identified by the court if given opportunity to amend).
discussed Cited as authority (rule) Peter E. Lander v. Marc David Krock, et al.
E.D. Tex. · 2026 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam); Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (“Granting leave to amend is not required, however, if the plaintiff has already pleaded his “best case.”).
cited Cited as authority (rule) Michael Jermaine Taplin and Nova-Lee Marie Graber v. Holly Wagner, Jefferey Young, Gary Lewis, and Panther Premium Logistics
N.D. Tex. · 2026 · confidence medium
Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002); Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam)).
cited Cited as authority (rule) Charla Turner v. NewRez LLC d/b/a Shellpoint Mortgage Servicing, et al.
N.D. Tex. · 2026 · confidence medium
Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002) and Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam)).
discussed Cited as authority (rule) Andre L. Ibrahim v. Brian Johnson, et al.
E.D. Tex. · 2026 · confidence medium
And although a pro se plaintiff is usually entitled to an opportunity to amend, Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam), dismissal with prejudice is warranted if the plaintiff has already alleged his best case, Jones v. Greninger, 188 F.3d 322, 326 (5th Cir. 1999).
cited Cited as authority (rule) Edrick Jamar Dunn v. Jim Bob Darnell, et al.
N.D. Tex. · 2026 · confidence medium
No. 12 (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
cited Cited as authority (rule) James Nicholson v. PHH Mortgage Corporation
N.D. Tex. · 2026 · confidence medium
Co., 294 F. App’x 975, 977 (5th Cir. 2008) (per curiam) (quoting Carroll, 470 F.3d at 1177 (quoting, in turn, Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)); citation omitted).
discussed Cited as authority (rule) Dexter L. Davis v. Thomas Vilsack, Secretary, United States Department of Agriculture
W.D. La. · 2026 · confidence medium
Indeed, generally, “a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (citation omitted).
cited Cited as authority (rule) Markayla Smith v. City of Garland
N.D. Tex. · 2026 · confidence medium
Div., 710 F. App’x 625, 627 (5th Cir. 2017) (citing Brewster, 587 F.3d at 768 (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (internal quotation and citation omitted))).
cited Cited as authority (rule) Joe Hunsinger v. Valor Intelligent Processing, et al.
N.D. Tex. · 2026 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
discussed Cited as authority (rule) Omokhodion Alfred Eriakha v. University of Mississippi, et al.; Ehiremen Bennard Eriakha v. University of Mississippi, et al.
N.D. Miss. · 2026 · confidence medium
The Fifth Circuit has held that “[g]enerally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
discussed Cited as authority (rule) Philip M. Ireland v. Patrick Simmons, Daniel Ralstin, Linda K. Grant, C. Michael Davis, and County of Freestone
W.D. Tex. · 2025 · confidence medium
Co., LLC, 234 F.3d 863 , 872–73 (5th Cir. 2000). 62 Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (quoting Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)). 63 See id. (citing cases where the Fifth Circuit affirmed dismissal of a complaint where the litigant failed to explain what additional facts he would include in his amended complaint). 64 ECF No. 1 at 3. 65 See id. 66 Fed.
discussed Cited as authority (rule) Vera Davis-Clewis v. Department of Veterans Affairs
N.D. Tex. · 2025 · confidence medium
Opportunity to Amend While a pro se plaintiff is ordinarily granted leave to amend her complaint before dismissal, leave is not required “if the plaintiff has already pleaded [her] best case.” Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam)).
discussed Cited as authority (rule) Vanessa Frickey v. X Corp., et al. (2×)
N.D. Miss. · 2025 · confidence medium
However, “[a] district court may sua sponte dismiss a complaint under Rule 12(b)(6) ‘as long as the procedure employed is fair.’” Whatley v. Coffin, 496 F. App’x 414, 415 (5th Cir. 2012) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
discussed Cited as authority (rule) Frederick Larry Ross, Jr. v. Kevin Durbin, et al.
M.D. La. · 2025 · confidence medium
Doc. 3. 5 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (recognizing that the standards for determining whether a complaint fails to state a claim for relief are the same under 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A and Fed.
discussed Cited as authority (rule) Mark Carroll, et al. v. Judge Mike Hrabal, et al. (2×)
N.D. Tex. · 2025 · confidence medium
Jones v. Greninger, 188 F.3d 322, 326-27 (5th Cir. 1999) (citing Jacquez v. Procunier, 801 F.2d 789, 792 (5th Cir. 1986); Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
discussed Cited as authority (rule) Steffon Graves (#2200000328) v. Unknown Day, et al.
M.D. La. · 2025 · confidence medium
Doc. 5. 5 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (recognizing that the standards for determining whether a complaint fails to state a claim for relief are the same under 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A and Fed.
discussed Cited as authority (rule) Solomon J. Verdin, Jr. v. Tiffany Prevost, Et Al.
M.D. La. · 2025 · confidence medium
Therefore, both statutes apply. 7 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (recognizing that the standards for determining whether a complaint fails to state a claim for relief are the same under 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A and Fed.
discussed Cited as authority (rule) Sonja Therese Brown v. Hernando Municipal Court, et al.
N.D. Miss. · 2025 · confidence medium
The Fifth Circuit has held that “[g]enerally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
cited Cited as authority (rule) Ameerah Alwan v. Child Protective Services, et al.
N.D. Tex. · 2025 · confidence medium
Jones v. Greninger, 188 F.3d 322 , 326–27 (5th Cir. 1999) (citing Jacquez v. Procunier, 801 F.2d 789, 792 (5th Cir. 1986); Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
cited Cited as authority (rule) Jason Rudolph Stanford v. Behrooz P. Vida, et al.
W.D. Tex. · 2025 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
discussed Cited as authority (rule) Shannon Casey Sargent v. The City of Hernando, Mississippi, et al.
N.D. Miss. · 2025 · confidence medium
The Fifth Circuit has held that “[g]enerally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
cited Cited as authority (rule) Douglas Henry Lewis, Jr. v. GM Financial
N.D. Tex. · 2025 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 5 1998).
discussed Cited as authority (rule) Curtis James McGuire v. Donald Trump, et al.
N.D. Tex. · 2025 · confidence medium
Co., 294 F. App’x 975, 977 (5th Cir. 2008) (per curiam) (quoting Carroll v. Fort James Corp., 470 F.3d 1171, 1177 (5th Cir. 2006) (quoting, in turn, Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998))).
discussed Cited as authority (rule) Washington v. Hostetter
S.D. Miss. · 2025 · confidence medium
But “[g]enerally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
cited Cited as authority (rule) Goyen v. Property and Casualty Insurance Company of Hartford
N.D. Tex. · 2025 · confidence medium
Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002); Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam)).
cited Cited as authority (rule) Hawkins v. D.R. Horton, Inc. - Gulf Coast
M.D. La. · 2025 · confidence medium
Tex. Treasures Estate Sales, L.L.C., 79 F.4th 464, 468 (5th Cir. 2023) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
cited Cited as authority (rule) Regalo International LLC v. Aborder Products Inc
N.D. Tex. · 2025 · confidence medium
Div., 710 F. App'x 625, 627 (5th Cir. 2017) (citing Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam))).
discussed Cited as authority (rule) Ibrahim v. Johnson
E.D. Tex. · 2025 · confidence medium
Because a pro se plaintiff should be afforded the opportunity to plead his best case, see Brewster v. Dretke, 587 F.3d 764, 768 (5th Cir. 2009) (per curiam) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)), Ibrahim should be permitted to file an amended complaint that addresses the deficiencies identified by the defendants and in this order.
cited Cited as authority (rule) Radford v. Dayton
N.D. Tex. · 2025 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
discussed Cited as authority (rule) Davis v. Irving Independent School District
N.D. Tex. · 2025 · confidence medium
And, generally, “a pro se litigant should be offered an opportunity to amend his complaint before it is dismissed.” Brewster v. Dretke, 587 F.3d 764, 767-68 (5th Cir. 2009) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)). “[T]he grant of leave to amend the pleadings pursuant to [Federal Rule of Civil Procedure 15(a)] is within the discretion of the trial court.” Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 (1971).
discussed Cited as authority (rule) Magee v. Varsity Brands Holding Co Inc
N.D. Tex. · 2025 · confidence medium
LEAVE TO AMEND “Generally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend.” Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
discussed Cited as authority (rule) Jones v. East Baton Rouge
M.D. La. · 2025 · confidence medium
Doc. 6. 5 Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (recognizing that the standards for determining whether a complaint fails to state a claim for relief are the same under 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A and Fed.
cited Cited as authority (rule) Richards v. Wallace
E.D. La. · 2025 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998); Eason v. Thaler, 14 F.3d 8, 9 (5th Cir. 1994); accord Bruce v. Little, 568 F. App’x 283, 285 (5th Cir. 2014).
cited Cited as authority (rule) Hill, Sr. v. City of Monahans
W.D. Tex. · 2025 · confidence medium
Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998).
cited Cited as authority (rule) Portalatin v. Cavalie
N.D. Tex. · 2025 · confidence medium
Jones v. Greninger, 188 F.3d 322 , 326–27 (5th Cir. 1999) (citing Jacquez v. Procunier, 801 F.2d 789, 792 (5th Cir. 1986); Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998)).
discussed Cited as authority (rule) Jennings v. United States
W.D. Tex. · 2025 · confidence medium
Lastly, the Court acknowledges “a pro se litigant should be offered an opportunity to amend his complaint before it is dismissed.” Brewster v. Dretke, 587 F.3d 764 , 768–69 (5th Cir. 2009) (citing Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998) (per curiam)).
Retrieving the full opinion text from the archive…
Lowrey
v.
Texas A & M Univ. Sys., 117 F.3d 242 , 246-47 (5th Cir.1997) (citation and internal quotation omitted). 3 . McGore v. Wriggleswo
PER CURIAM:

This appeal from the district court’s sua sponte dismissal, pursuant to 42 U.S.C. § 1997e(c), for failure to state a claim on which pro se Plaintiff-Appellant Timothy D.V. Bazrowx, a Texas prison inmate, could recover in his civil rights suit under 42 U.S.C. § 1983, requires us to establish as a matter of first impression in this circuit the appropriate standard of review for such a dismissal and, applying such standard, to determine whether the district court committed reversible error. We conclude that such dismissals under § 1997e(c) should be reviewed de novo on appeal, and hold that the district court did not err reversibly in dismissing Appellant’s suit without prejudice for failure to state a claim for which relief could be granted.

As Appellant was not proceeding in forma pauperis, his complaint could not be dismissed pursuant to § 1915(e)(2). [1] Under the amendments to § 1997e and § 1915 wrought by the Prison Litigation Reform Act of 1995 (PLRA), the district court is required to dismiss a prisoner’s complaint if it fails to state a claim for which relief can be granted. That phraseology is well known from Rule 12(b)(6), under which dismissal is “viewed with disfavor” and is reviewed de novo. 2 Although other circuits have determined that appeals from dismissals under § 1915(e)(2)(B)(ii) and § 1915A for failure to state a claim should be reviewed under the same de novo standard as appeals from dismissals under Rule 12(b)(6), [3] we find no persuasive or controlling authority for the appropriate standard of review for a dismissal under § 1997e(c) for failure to state a claim. As we nevertheless agree with the logic of those circuits that have adopted the de novo standard of review for such dismissals under § 1915(e)(2)(B)(ii) and § 1915A because that is the appropriate standard for Rule 12(b)(6) dismissals, we today adopt the de novo standard of review as appropriate in this circuit for appeals from such dismissals under § 1997e(e); and we now proceed to review the dismissal of Appellant’s claim accordingly.

Generally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule 12(b)(6) without giving the plaintiff an opportunity to amend. [4] The district court may dismiss an action on its own motion under Rule 12(b)(6) “as long as the procedure employed is fair.” [5] True, the district court erred in failing to give Appellant notice of the court’s intention to dismiss his suit or an opportunity to amend his complaint. [6] Such error may be ameliorated, however, if the plaintiff has alleged his best case, [7] or if the dismissal was without prejudice. [8]

Here, the district court dismissed Appellant’s case without prejudice. Moreover, our careful and thorough de novo review satisfies us that, as it stands, Appellant’s complaint[*1055] does fail to state a claim for which relief could be granted. Given that conclusion and the district court’s dismissal without prejudice, any error in failing to give notice and allow amendment is harmless. The ruling of the district court is, therefore,

AFFIRMED.

1

. See Marts v. Hines, 117 F.3d 1504, 1505 (5th Cir.1997) (en banc) (noting that a dismissal under the IFP statute does not act as a dismissal on the merits but merely as a denial of IFP status), cert. denied, - U.S. -, 118 S.Ct. 716, 139 L.Ed.2d 656 (1998).

2

. Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242, 246-47 (5th Cir.1997) (citation and internal quotation omitted).

3

. McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997); Mitchell v. Farcass, 112 F.3d 1483, 1490. (11th Cir.1997); Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir.1996).

4

. Moawad v. Childs, 673 F.2d 850, 851-52 (5th Cir.1982).

5

. 5A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1357, at 301 (2d ed.1990) (footnote omitted); see Ricketts v. Midwest Nat’l Bank, 874 F.2d 1177, 1185 (7th Cir.1989) (requiring "both notice of the court’s intention and an opportunity to respond” before sua sponte dismissal for failure to state a claim).

6

. See Moawad, 673 F.2d at 851-52.

7

. See Jacquez v. Procunier, 801 F.2d 789, 792-93 (5th Cir.1986).

8

. See Moawad, 673 F.2d at 851-52.