holding that a “district court may dismiss a complaint sua sponte for failure to state a claim if it is ‘patently obvious' that the plaintiff cannot prevail”
Summary of this case from Abdelfattah v. U.S. Dep't of Homeland Sec.No. 07-5310.
April 25, 2008.
On Appeal from the United States District Court for the District of Columbia, No. 07cv01529.
BEFORE: HENDERSON, ROGERS, and TATEL, Circuit Judges.
holding that a “district court may dismiss a complaint sua sponte for failure to state a claim if it is ‘patently obvious' that the plaintiff cannot prevail”
Summary of this case from Abdelfattah v. U.S. Dep't of Homeland Sec.remanding sua sponte dismissal of TBOR claim under Section 7433(d) for reconsideration in light of Jones v. Bock
Summary of this case from Whittington v. U.S.directing district court to reconsider sua sponte dismissal of complaint seeking damages under section 7433 because, under Jones v. Bock, "failure to exhaust is an affirmative defense"
Summary of this case from Marsoun v. U.S.Full title:Robert SCOTT and Linda Casoria-Scott, Appellants v. UNITED STATES of…
Court:United States Court of Appeals, District of Columbia Circuit
Date published: Apr 25, 2008
In analyzing an exhaustion requirement similar to that in Section 7433(d)(1) of the Code, the Supreme Court…
Scott v. U.S.On April 25, 2008, in an unpublished disposition [ see Dkt. # 5], the D.C. Circuit remanded for…