Elmo Williams v. Fred Dickson, Warden, Etc.

Ninth Circuit

Elmo Williams v. Fred Dickson, Warden, Etc.

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

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 9, 1968

Docket21800_1

StatusPublished

Cited by1 cases

This text of 394 F.2d 627 (Elmo Williams v. Fred Dickson, Warden, Etc.) 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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Elmo Williams v. Fred Dickson, Warden, Etc., 394 F.2d 627, 1968 U.S. App. LEXIS 7019 (9th Cir. 1968).

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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.

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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.

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394 F.2d 627, 1968 U.S. App. LEXIS 7019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmo-williams-v-fred-dickson-warden-etc-ca9-1968.

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