Opinion
No. 08-1397.
July 8, 2009.
On Appeal from the United States District Court for the Western District of Michigan at Grand Rapids.
Plaintiff-Appellant, Leonard Arthur Strickland, a pro se Michigan prisoner, appeals a district court order granting the defendants' motion to dismiss his civil rights suit filed under 42 U.S.C. § 1983. The district judge here dismissed the complaint sua sponte for failure to state a claim, without service to the defendant. In light of this court's recent decision in Jones v. Caruso, 569 F.3d 258 (6th Cir. 2009), this disposition is not proper. Therefore, we VACATE the judgment and REMAND the case to the district court for further proceedings consistent with the decision in Jones.
I agree that Jones v. Caruso, 569 F.3d 258 (6th Cir. 2009), requires us to remand for further proceedings. For the reasons set out in my dissent from that opinion, however, I remain convinced that the Jones majority opinion erred in its analysis of the Michigan Department of Correction's regulation of Uniform Commercial Code materials.