Wallen v. Rhay

Fifth Circuit Court of Appeals

January 7, 1966.

Fifth Circuit Court of Appeals · decided 1966-01-07

Cited by 8 later decisions — most recently January 1980

8 federal appellate ·

2 counsel of record

Relies on Armstrong v. Rushing · Weisfeld v. St. Paul Fire & Marine Insurance

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1966-01-07

View the full empirical analysis of this case →

Appeal from the United States District Court for the Eastern District of Washington; Charles L. Powell, Judge.

Neil C. Wallen, in pro. per.

John J. O'Connell, Atty. Gen., Olympia, Wash., for appellee.

Before BARNES, KOELSCH and BROWNING, Circuit Judges.

PER CURIAM:

¶1

The brief for appellant received December 16, 1965, is ordered filed.

¶2

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.

¶3

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.

¶4

Cf. Armstrong v. Rushing, 352 F.2d 836, 9th Cir., decided November 15, 1965.