Oatess v. Sobolevitch’s Empirical Analysis
914 F.2d 428 · 1990
Citation profile
12 federal appellate · 1 district ·
How this case has been cited
Cited by 61 later decisions — most recently October 2019 · most notably Grayson v. Mayview State Hospital (2002), Urrutia v. Harrisburg County Police Dept. (1996)
12 federal appellate · 1 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1915 · 28 U.S.C. § 636
Relies on Neitzke v. Williams · Imbler v. Pachtman · Stump v. Sparkman · Gomez v. Toledo · Dennis v. Sparks
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Normally, when a litigant is granted leave to proceed in forma pauperis by the district court, this status carries over in the Court of Appeals. Fed.R.App.P. 24(a). However, if the district court dismisses the case as frivolous under 28 U.S.C. § 1915 (d), the litigant must reapply to this Court to proceed in forma pauperis on appeal, since a finding of frivolousness is viewed as a certification that the appeal is not taken in good faith. 28 U.S.C. § 1915 (a); Fed. R.App.P. 24(a). Oatess v. Sobolevitch, 914 F.2d 428 , 430 n. 4 (3d Cir.1 990). Because the district judge dismissed the complaint as frivolous, he should not have granted leave to proceed in forma pauperis on appeal. The granting of leave to appeal in forma pauperis from the dismissal of a frivolous suit contradicts the earlier order, a result, we assume, that was not intended here.”
1 later decision quote this exact passage · from the concurrence“[A] district court may sua sponte dismiss a complaint under Rule 12(b)(6) after service of process only if the plaintiff is afforded an opportunity to respond. However, although disfavored, a sua sponte dismissal may stand even if the plaintiff is not provided notice and an opportunity to respond where it is clear that the plaintiff cannot prevail and that any amendment would be futile.”
1 later decision quote this exact passage · from the majority“When a complaint is accompanied by a motion to proceed in forma pauperis, rather than by payment of a filing fee, the complaint is not docketed, and it is therefore not filed, until the motion has been granted.”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.