Roy Douglas v. Lamoyne Green, Superintendent, Marion Correctional Institution

This appeal is from an order of the United States District Court for the Northern District of Ohio, Western Division, dismissing appellant’s complaint for a declaratory judgment. (Section 2201, Title 28 U.S.C.) The appellant filed his complaint in the District Court on October 21, 1963, against Lamoyne Green and the State of Ohio et al.

The Attorney General of the state of Ohio moved to dismiss the complaint for the reason that it failed to state a claim upon which relief could be granted. The trial judge considered the Attorney General’s motion but dismissed the complaint upon his own motion…