James Conway v. L. H. Fugge, Prison Captain, and J. Schenk, Prison Sergeant

Ninth Circuit

James Conway v. L. H. Fugge, Prison Captain, and J. Schenk, Prison Sergeant

439 F.2d 1397, 1971 U.S. App. LEXIS 10878

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 8, 1971

Docket26477_1

StatusPublished

Cited by9 cases

This text of 439 F.2d 1397 (James Conway v. L. H. Fugge, Prison Captain, and J. Schenk, Prison Sergeant) 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

James Conway v. L. H. Fugge, Prison Captain, and J. Schenk, Prison Sergeant, 439 F.2d 1397, 1971 U.S. App. LEXIS 10878 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

Appellant, a California state prisoner, filed this civil rights action pursuant to 42 U.S.C. § 1981 et seq., and 28 U.S.C. §§ 1331, 1343(3). The district court permitted the filing of the complaint in forma pauperis and then, on its own motion, dismissed it as frivolous under 28 U.S.C. § 1915(d). This amounted to a dismissal of the action. See Williams v. Field, 394 F.2d 329 (9th Cir. 1968).

The district courts have especially broad discretion to decline to entertain civil actions in forma pauperis by prison inmates against their wardens and other prison officials. Williams v. Field, supra, at 331, and cases cited therein. The allegations of the instant complaint *1398 are very similar to those which were involved in the Williams case, in which we affirmed a dismissal.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Appellant, a California state prisoner, filed this civil rights action pursuant to 42 U.S.C. § 1981 et seq., and 28 U.S.C. §§ 1331, 1343(3). The district court permitted the filing of the complaint in forma pauperis and then, on its own motion, dismissed it as frivolous under 28 U.S.C. § 1915(d). This amounted to a dismissal of the action. See Williams v. Field, 394 F.2d 329 (9th Cir. 1968).

The district courts have especially broad discretion to decline to entertain civil actions in forma pauperis by prison inmates against their wardens and other prison officials. Williams v. Field, supra, at 331, and cases cited therein. The allegations of the instant complaint *1398 are very similar to those which were involved in the Williams case, in which we affirmed a dismissal.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

439 F.2d 1397, 1971 U.S. App. LEXIS 10878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-conway-v-l-h-fugge-prison-captain-and-j-schenk-prison-sergeant-ca9-1971.

Opinion

Related

Cite This Page — Counsel Stack