Richard Flemming v. California Adult Authority, Department of Corrections, State of California

Ninth Circuit

Richard Flemming v. California Adult Authority, Department of Corrections, State of California

433 F.2d 991

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 9, 1970

Docket24569

StatusPublished

Cited by1 cases

This text of 433 F.2d 991 (Richard Flemming v. California Adult Authority, Department of Corrections, State of California) 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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Richard Flemming v. California Adult Authority, Department of Corrections, State of California, 433 F.2d 991 (9th Cir. 1970).

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Opinion

PER CURIAM:

Appellant filed a complaint in district court charging appellee with a deprivation of civil rights under the provisions of 28 U.S.C. §§ 1331 and 1343 and 42 U.S.C. § 1983. The district court dismissed the complaint. 1 We affirm.

The California Adult Authority is not a person within the meaning of the Civil Rights Act. Olson v. California Adult Authority, 423 F.2d 1326 (9th Cir. 1970) and Allison v. California Adult Authority, 419 F.2d 822 (9th Cir. 1969). Consequently, the order of the lower court dismissing the complaint must be affirmed.

It is so ordered.

1

. While the dismissal occurred before the filing of responsive pleading by the appellee, the appellant had been given leave to amend his original complaint and had done so. See, Rule 15(a) F.R.Civ.P.

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