Calvin Winston Jackson v. Louis Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin Prison

Ninth Circuit

Calvin Winston Jackson v. Louis Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin Prison

445 F.2d 316, 1971 U.S. App. LEXIS 8586

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 11, 1971

Docket25461_1

StatusPublished

This text of 445 F.2d 316 (Calvin Winston Jackson v. Louis Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calvin Winston Jackson v. Louis Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin Prison, 445 F.2d 316, 1971 U.S. App. LEXIS 8586 (9th Cir. 1971).

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Opinion

*317 PER CURIAM:

In Jackson v. Nelson, 9 Cir., 1968, 405 F.2d 872, on the ground that the court’s order dismissing his complaint, but not his action, was not appealable, we dismissed his appeal. On April 15, 1969, Jackson filed an amended complaint. The court, holding “that plaintiff is not pursuing this action in good faith, * * and that the complaint * * * is frivolous and sham under Title 28, United States Code, section 1915(d) * * ordered the complaint dismissed. The Judge granted leave to appeal in forma pauperis. Considering the nature of the court’s action, we treat the order as a judgment dismissing the action. We cannot say that the district judge was wrong.

Affirmed.

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*317 PER CURIAM:

In Jackson v. Nelson, 9 Cir., 1968, 405 F.2d 872, on the ground that the court’s order dismissing his complaint, but not his action, was not appealable, we dismissed his appeal. On April 15, 1969, Jackson filed an amended complaint. The court, holding “that plaintiff is not pursuing this action in good faith, * * and that the complaint * * * is frivolous and sham under Title 28, United States Code, section 1915(d) * * ordered the complaint dismissed. The Judge granted leave to appeal in forma pauperis. Considering the nature of the court’s action, we treat the order as a judgment dismissing the action. We cannot say that the district judge was wrong.

Affirmed.

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445 F.2d 316, 1971 U.S. App. LEXIS 8586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calvin-winston-jackson-v-louis-nelson-warden-lieutenant-roger-and-mr-ca9-1971.

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