From Casetext: Smarter Legal Research

Bazrowx v. Scott

United States Court of Appeals, Fifth Circuit
Mar 25, 1998
136 F.3d 1053 (5th Cir. 1998)

Summary

holding that district court should have given plaintiff chance to amend before dismissing his claims under § 1997e(c), but that error was harmless because dismissal was without prejudice

Summary of this case from Grayson v. Mayview State Hosp

Opinion

No. 97-50257

March 25, 1998

Timothy D.V. Bazrowx, Tennessee Colony, TX, pro se.

Appeal from the United States District Court for the Western District of Texas.

Before JOLLY, WIENER and STEWART, Circuit Judges.


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). 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. 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), 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(c); and we now proceed to review the dismissal of Appellant's claim accordingly.

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, 118 S. Ct. 716 (1998).

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

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).

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. The district court may dismiss an action on its own motion under Rule 12(b)(6) "as long as the procedure employed is fair." 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. Such error may be ameliorated, however, if the plaintiff has alleged his best case, or if the dismissal was without prejudice. 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 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.

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

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).

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

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

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


Summaries of

Bazrowx v. Scott

United States Court of Appeals, Fifth Circuit
Mar 25, 1998
136 F.3d 1053 (5th Cir. 1998)

holding that district court should have given plaintiff chance to amend before dismissing his claims under § 1997e(c), but that error was harmless because dismissal was without prejudice

Summary of this case from Grayson v. Mayview State Hosp

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

Summary of this case from Jones v. Greninger

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Fringe Benefit Grp. Inc. v. FCE Benefit Adm'rs, Inc.

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Martin v. Utmb

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Summers v. Davis

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Motley v. Collier

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Hester v. Mamukuyomi

holding that a district court may dismiss a pro se complaint for failure to state a claim without giving leave to amend when the dismissal is without prejudice or the plaintiff has alleged his best case

Summary of this case from Frosch v. Garcia

holding that a court may sua sponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Trevino v. Livingston

holding that a court may suasponte dismiss for failure to state a claim "as long as the procedure employed is fair"

Summary of this case from Gonzalez v. Sarabia

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Turner v. Dallas County Jail

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Weatherspoon v. Dallas County Jail

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Nelson v. Cauley

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12 (b); and 42 U.S.C. § 1997e(c)

Summary of this case from Reed v. Dallas County Sheriff's Department

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Bankston v. Stewart

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Chalmers v. Lane

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Chalmers v. Johnston

recognizing that the standards are the same under §§ 1915(e)(B) and 1915A; Rule 12(b); and 42 U.S.C. § 1997e(c)

Summary of this case from Foreman v. Bowles

stating that a district court's error in failing to allow a pro se plaintiff to amend his complaint "may be ameliorated . . . if the plaintiff has alleged his best case, or if the dismissal was without prejudice"

Summary of this case from Fennell v. Quintela

reviewing the district court's dismissal under 42 U.S.C. § 1997(e)

Summary of this case from Brewster v. Dretke

In Bazrowx, we implied that it is harmless error to dismiss a case for failure to state a claim without giving the plaintiff an opportunity to amend if the plaintiff has alleged his best case or if the dismissal is without prejudice. 136 F.3d at 1054.

Summary of this case from Lerma v. Falks

reviewing sua sponte dismissal pursuant to § 1997e(c) for failure to state a claim and holding that district court did not err reversibly in dismissing suit without prejudice

Summary of this case from Lopez v. Smith

noting that a district court generally errs in dismissing a pro se complaint for failure to state a claim without giving the plaintiff an opportunity to amend

Summary of this case from Peña v. United States

reviewing the district court's dismissal under 42 U.S.C. § 1997(e)

Summary of this case from Kennemer v. Parker Cnty.

reviewing dismissal of prisoner's pro se complaint for failure to state a claim

Summary of this case from Burley v. Unknown
Case details for

Bazrowx v. Scott

Case Details

Full title:TIMOTHY D.V. BAZROWX, PLAINTIFF-APPELLANT, v. WAYNE SCOTT, DIRECTOR, TEXAS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 25, 1998

Citations

136 F.3d 1053 (5th Cir. 1998)

Citing Cases

Rhone v. Watts

As a general rule, a district court may dismiss a complaint sua sponte for failure to state a claim as long…

Gregory v. McKennon

"Generally a district court errs in dismissing a pro se complaint for failure to state a claim under Rule…