Ruchell Magee v. State of California

Ninth Circuit

Ruchell Magee v. State of California

365 F.2d 831

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 16, 1966

Docket20809_1

StatusPublished

This text of 365 F.2d 831 (Ruchell Magee v. 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.

Bluebook

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

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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.

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Bluebook (online)

365 F.2d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruchell-magee-v-state-of-california-ca9-1966.