concurring in part:
In my opinion, the district judge abused his discretion in his sua sponte dismissal of Spruytte’s in forma pauperis complaint filed under 42 U.S.C. § 1983 without allowing service of the complaint on the defendants and permitting Spruytte to amend his complaint or respond to the court’s notice of intent to dismiss. I would reverse the judgment of the district court and remand for trial.
I would prefer this treatment of the case rather than to resort to the lengthy opinion of my learned and industrious colleague which contains many facts which are not part of the record, most of which are undoubtedly true.