VIRGIL LEE SMITH, PETITIONER AND APPELLANT,
v.
PAUL K. LEMON, MANAGER, COTTON TEXTILE MILL INDUSTRIES, SAN QUENTIN STATE PRISON, ET AL., RESPONDENTS AND APPELLEES

9th Cir. | 1971-04-22
No. 26517
442 F.2d 1195 United States Court of Appeals for the Ninth Circuit (1971) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Smith, a prisoner at California’s state prison at San Quentin, lost one finger and a second was badly damaged while working in the textile mill. It was the sort of thing on which a free man would ordinarily have workman’s compensation coverage.

Apparently believing the civil rights acts a catch-all for miscellaneous grievances, he filed action No. 50,773 in the Northern District of California. This was dismissed with prejudice. Then he filed action No. C69-197 ACW in the same court. This was dismissed on the ground of res judicata. Then he filed No. C70-1016 ACW. (In the three complaints there was some juggling of parties.) The third complaint was likewise dismissed on the ground of res judicata.

This appeal is from the dismissal in the third action. We affirm.

The res judicata ground is good. And, there would be several other good ones.


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