Neil C. Wallen v. B. J. Rhay, Warden

Ninth Circuit

Neil C. Wallen v. B. J. Rhay, Warden

354 F.2d 241

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 7, 1966

Docket20246_1

StatusPublished

Cited by2 cases

This text of 354 F.2d 241 (Neil C. Wallen v. B. J. Rhay, Warden) 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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Neil C. Wallen v. B. J. Rhay, Warden, 354 F.2d 241 (9th Cir. 1966).

Pincite

Opinion

PER CURIAM:

The brief for appellant received December 16, 1965, is ordered filed.

In this civil rights case, brought by a state prisoner against the warden and several other prison officials, the District Court dismissed plaintiff’s complaint without leave to amend.

Although the complaint fails to state a claim, we are clear that the plaintiff should have been given the right to amend. The cause of action is remanded so that he may amend.

Cf. Armstrong v. Rushing, 352 F.2d 836, 9th Cir., decided November 15,1965.

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