Leonard Arthur Strickland v. PATRICIA L. CARUSO, M.D.O.C., Director

The Honorable Karl S. Forester, Senior United States District Judge for the*
Eastern District of Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0469n.06
No. 08-1397
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
LEONARD ARTHUR STRICKLAND,
Plaintiff-Appellant,
V.
PATRICIA L. CARUSO, M.D.O.C., Director
Defendant-Appellee.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
MICHIGAN AT GRAND RAPIDS
OPINION
BEFORE: MOORE and McKEAGUE, Circuit Judges; FORESTER, Senior District Judge.*
FORESTER, Senior District Judge.
Plaintiff-Appellant, Leonard Arthur Strickland, a pro se Michigan prisoner, appeals a district
court order granting the defendants’ motion to dismiss his civil rights suit filed under 42 U.S.C. §
1983. The district judge here dismissed the complaint sua sponte for failure to state a claim, without
service to the defendant. In light of this court’s recent decision in Jones v. Caruso, — F.3d —, 2009
WL 1750629 (6th Cir. June 23, 2009), this disposition is not proper. Therefore, we VACATE the
judgment and REMAND the case to the district court for further proceedings consistent with the
decision in Jones.

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McKeague, J., concurring. I agree that Jones v. Caruso, – F.3d –, 2009 WL 1750629 (6th
Cir. June 23, 2009), requires us to remand for further proceedings. For the reasons set out in my
dissent from that opinion, however, I remain convinced that the Jones majority opinion erred in its
analysis of the Michigan Department of Correction’s regulation of Uniform Commercial Code
materials.

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