Herschel Clark v. Matthew Carberry

Ninth Circuit

Herschel Clark v. Matthew Carberry

446 F.2d 647, 1971 U.S. App. LEXIS 8714

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 29, 1971

Docket71-1071_1

StatusPublished

This text of 446 F.2d 647 (Herschel Clark v. Matthew Carberry) 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.

Bluebook

Herschel Clark v. Matthew Carberry, 446 F.2d 647, 1971 U.S. App. LEXIS 8714 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM.

The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.

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PER CURIAM.

The district court dismissed plaintiff’s action on the grounds that the issues tendered in the complaint were ones which “should be raised by habeas corpus and not through the invocation of the federal civil rights statutes.” Plaintiff has appealed.

Although plaintiff is a prisoner representing himself, his complaint contains allegations which unmistakably show that the sole relief he seeks is money damages, not habeas corpus. The two remedies are not, as the court below erroneously concluded, mutually exclusive.

The judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.

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Bluebook (online)

446 F.2d 647, 1971 U.S. App. LEXIS 8714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herschel-clark-v-matthew-carberry-ca9-1971.