NEIL C. WALLEN, APPELLANT,
v.
B. J. RHAY, WARDEN, ET AL., APPELLEES
NEIL C. WALLEN, APPELLANT,
B. J. RHAY, WARDEN, ET AL., APPELLEES
354 F.2d 241
United States Court of Appeals for the Ninth Circuit (1966)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM:
The brief for appellant received December 16, 1965, is ordered filed.
In this civil rights case, brought by a state prisoner against the warden and several other prison officials, the District Court dismissed plaintiff’s complaint without leave to amend.
Although the complaint fails to state a claim, we are clear that the plaintiff should have been given the right to amend. The cause of action is remanded so that he may amend. Cf. Armstrong v. Rushing, 352 F. 2d 836, 9th Cir., decided November 15,1965.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dodd v. Spokane Cnty., 393 F.2d 330 (9th Cir. 1968)
-
Providence Wash. Ins. Co. v. Lottie H. Stanley, 403 F.2d 844 (5th Cir. 1968)
-
Taylor v. Commercial Union Ins. Co., 614 F.2d 160 (8th Cir. 1980)
Authorities Cited
- Armstrong v. Dewie Rushing, 352 F.2d 836 (9th Cir. 1965)