William St. Clair John Shelton v. City of Chico County of Butte

WIGGINS, Circuit Judge:

Appellants William St. Clair and John Shelton timely appeal an order of the district court dismissing their complaint because it considered their claims not ripe for adjudication. Appellants assert that the district court erred both in its legal conclusion and in basing its decision on facts not alleged in the complaint, at least without first permitting discovery. The district court had jurisdiction of this case pursuant to 28 U.S.C. § 1331 (1982) and our jurisdiction rests on 28 U.S.C. § 1291 (1982). We affirm.

I

Appellants brought this action under 42 U.S.C. § 1983…