In Re Symon Mandawala

The district court dismissed this case through a sua sponte rule 12(b)6 motion. This decision followed the court's repeated refusal to stamp and sign the summons during my several attempts, citing an internal memo from the judge stating that no summons should be issued. When I requested that this internal memo be filed in the docket during a phone call with the clerk, the district court, acting on its own initiative, ordered the dismissal of the case for failing to state a claim upon which relief could be granted. The court demanded an amendment to the complaint to articulate a cognizable claim. Fourteen days later, the district court officially dismissed the case, and no defendant had been served process by the time the case was dismissed. The court of appeals affirmed the district court's dismissal but provided a different rationale, stating that the complaint improperly sued the former state judge, despite the fact that the complaint clearly identified Era Living LLC corporation, as a defendant. Whether a district court itself can invoke a motion to dismiss sua sponte under Rule 12(b)(6) of the Federal Rules of Civil Procedure in a civil case that is nonfrivolous, no malicious, and not lacking jurisdiction before the defendant has been served with the process?