Elmo Williams v. Fred Dickson, Warden, Etc.

394 F.2d 627, 1968 U.S. App. LEXIS 7019

Opinion

PER CURIAM:

The judgment of the district court dismissing the action before process was issued and served, without notice to the appellant of any motion to dismiss, and without any finding of frivolity or malice (28 U.S.C. § 1915(d)), is reversed and remanded. Harmon v. Superior Court, 307 F.2d 796 (9th Cir.); Armstrong v. Rushing, 352 F.2d 836, 837 (9th Cir.). We do not pass on the merits of the action, if any.