Legal Opinion

United States ex rel. Kelly v. Bibb

Court of Appeals for the Seventh Circuit

Decided June 3, 1958No. 12181PublishedCited by 8 opinions

1Opinion of the Court

PLATT, District Judge.

Appellant, Barney Alvin Kelly, an inmate of the psychiatric division of the Illinois State Penitentiary at Menard, Illinois, was granted leave in forma pau-peris to file his complaint in the district court. The complaint was dismissed by the district court sua sponte. From such dismissal appellant has been permitted tc¡ appeal in forma pauperis. He now contends that the order dismissing the complaint was not a final decision within the meaning of 28 U.S.C.A. § 1291, and that this court lacks jurisdiction to hear an appeal therefrom; or in the alternative that the…

2Cases cited9 opinions

  1. Dictograph Products Co. v. Sonotone Corp.Supreme Court of the United States · 1956
  2. Asher v. RuppaCourt of Appeals for the Seventh Circuit · 1949
  3. Everett James Peckham v. M. P. ScanlonCourt of Appeals for the Seventh Circuit · 1957
  4. Cutting v. HigleySupreme Court of the United States · 1956
  5. Reynolds v. WadeCourt of Appeals for the Ninth Circuit · 1957

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
  2. Breier v. Northern California Bowling Proprietors' Ass'nCourt of Appeals for the Ninth Circuit · 1963
  3. LOCAL 179, UNITED TEXTILE WORKERS OF AMERICA, AFL-CIO, Appellant, v. FEDERAL PAPER STOCK COMPANY, AppelleeCourt of Appeals for the Eighth Circuit · 1972
  4. United States of America Ex Rel. William Lawrence v. Joseph E. Ragen, Director of Department of Public SafetyCourt of Appeals for the Seventh Circuit · 1963
  5. Robert W. Phillips v. William R. NashCourt of Appeals for the Seventh Circuit · 1962

3 more not listed; retrieve them via the Exa API.

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