Legal Opinion
James X. Conway v. Walter A. Dunbar
Court of Appeals for the Ninth Circuit
Decided August 24, 1971No. 25347PublishedCited by 4 opinions
1Per curiam
The United States District Court, for the Northern District of California, invoking a local rule, dismissed on its own motion this Civil Rights action on the ground that plaintiff had failed to diligently prosecute the same.
Plaintiff, as a state prisoner, was entitled to have the Clerk of the District Court cause summons and complaint to be served. Potter v. McCall, 433 F.2d 1087 (9th Cir. 1970). But plaintiff did not provide the clerk with copies of his complaint (as amended); after nearly two years passed and plaintiff still had not done so, the district court issued its order to show cause…
2Cases cited5 opinions
- William David Potter v. Tom McCall Governor of the State of OregonCourt of Appeals for the Ninth Circuit · 1970
- James F. Armstrong v. Dewie RushingCourt of Appeals for the Ninth Circuit · 1965
- James Conway v. A. L. OliverCourt of Appeals for the Ninth Circuit · 1970
- James Conway v. L. H. Fugge, Prison Captain, and J. Schenk, Prison SergeantCourt of Appeals for the Ninth Circuit · 1971
- James X. Conway v. I. Slaughter, Psychiatrist, California Medical Facility, and Fifty-Eight OthersCourt of Appeals for the Ninth Circuit · 1971
3Cited by4 opinions
- Gary William Holt v. Jerry Pitts, SheriffCourt of Appeals for the Sixth Circuit · 1980
- Adams v. JamesDistrict Court, M.D. Florida · 1992
- Farmer v. RobinsonDistrict Court, N.D. California · 1979
- Gary William Holt v. Jerry Pitts, SheriffCourt of Appeals for the Sixth Circuit · 1980