ROY DOUGLAS HURST ET AL., PLAINTIFFS-APPELLANTS,
v.
STATE OF CALIFORNIA ET AL., DEFENDANT-APPELLEE
ROY DOUGLAS HURST ET AL., PLAINTIFFS-APPELLANTS,
STATE OF CALIFORNIA ET AL., DEFENDANT-APPELLEE
451 F.2d 350
United States Court of Appeals for the Ninth Circuit (1971)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
Plaintiffs, inmates at California Men’s Colony, appeal from an “Order Dismissing Complaint” that was based upon their failure to allege the names of any defendants in the caption of the complaint other than the “State of California, Et Al.” The State of California was found to be an improper defendant under the Civil Rights Act, 42 U.S.C. § 1983.
A dismissal of a complaint without dismissal of the action is not a “final order” under 28 U.S.C. § 1291 because the complaint is still open to amendment. Since we find no “special circumstances” here which indicate that the court below determined that the complaint could not be saved by amendment, the order is not appealable. Jackson v. Nelson (9 Cir. 1968), 405 F. 2d 872, 873. See also Rule 21, Federal Rules of Civil Procedure.
The appeal is dismissed for lack of jurisdiction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mrs. Carmella M. Borelli v. City OF Reading, 532 F.2d 950 (3d Cir. 1976)
-
Elfenbein v. Gulf & W. Indus., Inc., 590 F.2d 445 (2d Cir. 1978)
-
Jones v. Pitchess, 469 F.2d 678 (9th Cir. 1972)
Authorities Cited
- Jackson v. Nelson, 405 F.2d 872 (9th Cir. 1968)