Legal Opinion
James X. Conway v. I. Slaughter, Psychiatrist, California Medical Facility, and Fifty-Eight Others
Court of Appeals for the Ninth Circuit
Decided April 9, 1971No. 25782PublishedCited by 5 opinions
1Per curiam
James X. Conway filed this civil rights action in the district court pursuant to 42 U.S.C. § 1981 et seq. and 28 U.S.C. §§ 1331, 1343(3). The district court permitted the filing of the complaint in forma pauperis, and then on its own motion dismissed the complaint without prejudice for failure to allege the facts supporting the claim with sufficient clarity or specificity.
An order purporting to dismiss a complaint, but not the action, is not appealable under 28 U.S.C. § 1291 unless it appears that “a court determined that the action could not be saved by any amendment of the complaint which…
2Cases cited4 opinions
- Douglas Stiltner v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, WashingtonCourt of Appeals for the Ninth Circuit · 1963
- Sammy Williams v. Walter H. DunbarCourt of Appeals for the Ninth Circuit · 1967
- Calvin Winston Jackson v. Louis S. Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin PrisonCourt of Appeals for the Ninth Circuit · 1968
- Conway v. California Adult AuthoritySupreme Court of the United States · 1969
3Cited by5 opinions
- Carter v. Small Business Admin.Colorado Court of Appeals · 1977
- James X. Conway v. Walter A. DunbarCourt of Appeals for the Ninth Circuit · 1971
- Rubberset Co. v. United StatesUnited States Customs Court · 1972
- Rubberset Company v. United StatesUnited States Customs Court · 1972
- Stout v. RobnettDistrict Court, D. South Carolina · 2000