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Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper

The Third Circuit Court of Appeals held the dismissal of a complaint
pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is
improper. This action was filed by a Pennsylvania prisoner at a State
Correctional Institution. The complaint alleged the defendants, all judges,
court clerks, or lawyers, ...

 

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