Jewell James Williams v. United States

Proceeding pro. per., Jewell James Williams tendered a 245-page handwritten document in the district court for filing, and at the same time moved for leave to proceed in forma pauperis. The district court construed the document as combining an application for relief under 28 U.S.C. § 2255 (1964), and an action against the United States for damages predicated on the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680 (1964). The court ordered the pleading filed without prepayment of filing fee.

The district court then, proceeding on its own motion, and without providing an opportunity for issuance and service of process, and without notice to Williams, dismissed the complaint as frivolous, stating its grounds for such action. The order did not, in terms, dismiss the action. Williams appealed.

This court thereafter dismissed the appeal insofar as it related to the section 2255 aspect of the case. Insofar as the complaint invoked the Federal Tort Claims Act, the appeal remained pending and was processed through the filing of briefs and the holding of oral argument. At the oral argument the question was raised, and discussed, as to whether the order dismissing the complaint…