Legal Opinion
Calvin Winston Jackson v. Louis S. Nelson, Warden, Lieutenant Roger and Mr. Powell of San Quentin Prison
Court of Appeals for the Ninth Circuit
Decided December 13, 1968No. 22308PublishedCited by 39 opinions
1Per curiam
Defendants moved to dismiss the complaint in this civil rights action on the ground that the complaint, as amended, fails to state a claim upon which relief can be granted. Alternatively, they moved for summary judgment, asserting that the complaint was frivolous. The district court granted the motion to dismiss the complaint and did not pass upon the alternative motion. Plaintiff appeals.
An order dismissing a complaint but not dismissing the action is not final and appealable, under 28 U.S.C. § 1291 (1964), unless there are special circumstances which make it clear that a court determined…
2Cases cited2 opinions
- John Marshall v. Grant Sawyer, as Governor of the State of NevadaCourt of Appeals for the Ninth Circuit · 1962
- Daniel Dewitt v. Officer R. F. Pail, Wesley M. Young, Assistant Superintendent, Southern Conservation CenterCourt of Appeals for the Ninth Circuit · 1966
3Cited by39 opinions
- Kadar Corp. v. Mary H. MilburyCourt of Appeals for the First Circuit · 1977
- Tony Mark v. Paul GroffCourt of Appeals for the Ninth Circuit · 1975
- Forshey v. JacksonWest Virginia Supreme Court · 2009
- George D. Scott v. Eversole Mortuary, a PartnershipCourt of Appeals for the Ninth Circuit · 1975
- Joe David Toney v. Ronald ReaganCourt of Appeals for the Ninth Circuit · 1973
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