TOMMY LEROY BACON, JERRY D. CLARK, EDWARD RAY FINK, JOSEPH R. PARKS, WILLIAM J. CARROLL, DINNIS ROBERT MADDOCK, WILLIAM BRYAN ROSS, APPELLANTS,
v.
PEOPLE OF THE STATE OF CALIFORNIA, R. K. PROCUNIER, DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, MR. JOHN KERR, CHAIRMAN, AND ALL MEMBERS AND REPRESENTATIVES OF CALIFORNIA ADULT AUTHORITY AND L. S. NELSON, WARDEN, SAN QUENTIN STATE PRISON, TAMAL, CALIFORNIA, APPELLEES
TOMMY LEROY BACON, JERRY D. CLARK, EDWARD RAY FINK, JOSEPH R. PARKS, WILLIAM J. CARROLL, DINNIS ROBERT MADDOCK, WILLIAM BRYAN ROSS, APPELLANTS,
PEOPLE OF THE STATE OF CALIFORNIA, R. K. PROCUNIER, DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS, MR. JOHN KERR, CHAIRMAN, AND ALL MEMBERS AND REPRESENTATIVES OF CALIFORNIA ADULT AUTHORITY AND L. S. NELSON, WARDEN, SAN QUENTIN STATE PRISON, TAMAL, CALIFORNIA, APPELLEES
438 F.2d 637
United States Court of Appeals for the Ninth Circuit (1971)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
Appellants, inmates of San Quentin State Prison, appeal from a district court order dismissing their civil rights action with prejudice.
The theory of plaintiffs’ action is that California’s indeterminate sentence law is unconstitutional. The law is settled to the contrary. See Bennett v. People of State of California, 406 F. 2d 36, 38 (9th Cir. 1969).
Defendants accordingly moved to dismiss the complaint for failure to state a claim. In processing this motion, the district court followed the required procedural steps. Potter v. McCall, 433 F. 2d 1087 (9th Cir. 1970). Since it clearly appears from the complaint that the deficiency could not be overcome by amendment, the district court properly dismissed the complaint without leave to amend, thereby dismissing the action.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re September 1971 Grand Jury. Richard J. Mara v. United States, 454 F.2d 580 (7th Cir. 1971)
-
Neighborhood Dev. Corp.: Butchertown, Inc. v. Advisory Council ON Historic Pres., 632 F.2d 21 (6th Cir. 1980)
Authorities Cited
- Potter v. McCALL, 433 F.2d 1087 (9th Cir. 1970)
- Bennett v. People OF the State OF Cal., 406 F.2d 36 (9th Cir. 1969)