Legal Opinion
Nolen v. Fitzharris
Court of Appeals for the Ninth Circuit
Decided November 2, 1971No. Nos. 71-2030, 71-2242PublishedCited by 32 opinions
1Per curiam
In this civil rights action, the personal defendants moved to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted. The district court granted the motion on the ground that, considering the “vague and conclusory allegations” of the complaint, the action seems to bear a closer resemblance to that presented in McKinney v. California, 427 F.2d 160 (9th Cir. 1970), than to Allison v. Wilson, 434 F.2d 646 (9th Cir. 1970). The decretal provision of the district court order reads:
“The motion to dismiss is granted without leave to amend and the action is…
2Cases cited3 opinions
- Breier v. Northern California Bowling Proprietors' Ass'nCourt of Appeals for the Ninth Circuit · 1963
- Charles Allison v. Lawrence E. Wilson, WardenCourt of Appeals for the Ninth Circuit · 1970
- Mervin Carlos McKinney and v. People of the State of California, Louis S. NelsonCourt of Appeals for the Ninth Circuit · 1970
3Cited by32 opinions
- Raisa R. Mayes v. David A. Leipziger and Levy, Leipziger & NormintonCourt of Appeals for the Ninth Circuit · 1984
- Russell v. LandrieuCourt of Appeals for the Ninth Circuit · 1980
- Wolgin v. SimonCourt of Appeals for the Eighth Circuit · 1983
- George D. Scott v. Eversole Mortuary, a PartnershipCourt of Appeals for the Ninth Circuit · 1975
- Russell v. LandrieuCourt of Appeals for the Ninth Circuit · 1980
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