Unpublished Dispositionvictor Sanguedolce; Allen R. Phipps, Plaintiffs-appellants, v. M.g. Jackson; L.t. Elmer; L.d. Johnson; Michael Lamitie,defendants- Appellees, 849 F.2d 1473 (6th Cir. 1988)
Annotate this CaseBefore LIVELY and NATHANIEL R. JONES, Circuit Judges and BAILEY BROWN, Senior Circuit Judge.
ORDER
This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).
Upon consideration, we affirm the judgment of the district court for the reasons stated in its memorandum and order filed on December 17, 1987. Rule 9(b) (5), Rules of the Sixth Circuit. The dismissal of plaintiffs' complaint was not improper under Tingler v. Marshall, 717 F.2d 1109 (6th Cir. 1983). The complaint was clearly subject to sua sponte dismissal as frivolous under 28 U.S.C. § 1915(d). See Harris v. Johnson, 784 F.2d 222 (6th Cir. 1986).
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