Ruchell Magee v. State of California

Ninth Circuit

Ruchell Magee v. State of California

365 F.2d 831

Court of Appeals for the Ninth Circuit·Decided September 16, 1966·No. 20809_1·Published

Opinion

PER CURIAM:

Appellant, in effect, has moved to dismiss the appeal as against the State of California. The motion is granted.

Insofar as the appeal against individuals is concerned, the district court records show no service upon them. Therefore, as to the individuals, the appeal is dismissed.

In appellant’s pleadings, there is some element of habeas corpus. If we were not dismissing on other grounds, we would dismiss any such claim for lack of a proper party defendant, meaning Magee’s keeper.

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PER CURIAM:

Appellant, in effect, has moved to dismiss the appeal as against the State of California. The motion is granted.

Insofar as the appeal against individuals is concerned, the district court records show no service upon them. Therefore, as to the individuals, the appeal is dismissed.

In appellant’s pleadings, there is some element of habeas corpus. If we were not dismissing on other grounds, we would dismiss any such claim for lack of a proper party defendant, meaning Magee’s keeper.

Ruchell Magee v. State of California, 365 F.2d 831 (9th Cir. 1966).

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