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HERRICK v. COLLINS

No. 89-3204. Non-Argument Calendar.

914 F.2d 228 (1990)

Daniel L. HERRICK, # 110128 and Thomas F. Williams, # 095608, Plaintiffs-Appellants, v. Gerald COLLINS, Superintendent, Gene Gordon, Asst. Superintendent, Richard Dugger, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 11, 1990.

Attorney(s) appearing for the Case

Daniel L. Herrick, Punta Gorda, Fla., pro se.

Thomas F. Williams, Madison, Fla., pro se.

Robert A. Butterworth, Atty. Gen., Dept. of Legal Affairs, Erin Lydia McLaughlin, Asst. Atty. Gen., Tallahassee, Fla., for defendants-appellees.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

Daniel Herrick and Thomas Williams appeal the district court's sua sponte dismissal of their civil rights complaint as frivolous after the court had required them to pay a partial filing fee. We vacate the district court's order and remand with instructions to the district court to issue the summons to the defendants.

I.

Appellants, prisoners at Florida's Marion Correctional Institution (Marion) proceeding pro se, brought...

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