Legal Opinion
James William Jones v. Peter J. Pitchess, Sheriff of Los Angeles County, Pat Shields, Sergeant in L. A. County Sheriff's Dept., Real Party in Interest
Court of Appeals for the Ninth Circuit
Decided November 15, 1972No. 72-1672PublishedCited by 5 opinions
1Per curiam
Jones, an inmate at a California state prison, appeals the dismissal of his civil rights complaint. The complaint was dismissed because Jones failed to state sufficient facts to entitle him to relief under the Civil Rights Act 42 U.S.C. §§ 1983, 1985, 1988.
A dismissal of a complaint without dismissing the action is not a final order under 28 U.S.C. § 1291 because the complaint is still open to amendment. The complaint was deficient because it contained only unsupported conclusionary allegations. No “special circumstances” here indicate that the complaint could not be cured by amendment. Hurst…
2Cases cited3 opinions
- Calvin Winston Jackson v. Louis S. Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin PrisonCourt of Appeals for the Ninth Circuit · 1968
- Roy Douglas Hurst v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 1971
- Eleanor M. Hemstreet, Member, Concerned Citizens of Justice, Inc. v. Edward C. SchadeCourt of Appeals for the Ninth Circuit · 1972
3Cited by5 opinions
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
- Bruce Dickerson Stevens v. Security Pacific National Bank, Bruce Dickerson Stevens v. Kindel & AndersonCourt of Appeals for the Ninth Circuit · 1976
- Leonard Ginter v. State Bar of NevadaCourt of Appeals for the Ninth Circuit · 1980
- Silver Sage Ranch, Inc. v. LawsonIdaho Supreme Court · 1977
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983