Williams v. Dickson

Ninth Circuit Court of Appeals

Decided May 9, 1968.

Ninth Circuit Court of Appeals · decided 1968-05-09

Cited by 6 later decisions — most recently October 1971

6 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 1915

Relies on Francis L. Harmon v. The Superior Court Of California · Armstrong v. Rushing

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-05-09

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¶1 *628Elmo Williams, California Mens Colony, in pro. per.

¶2Thomas C. Lynch, Atty. Gen., Brian Amer, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

¶3Before BARNES and BROWNING, Circuit Judges, and SOLOMON,* District Judge.

¶5PER CURIAM:

¶6The judgment of the district court dismissing the action before process was issued and served, without notice to the appellant of any motion to dismiss, and without any finding of frivolity or malice (28 U.S.C. § 1915(d)), is reversed and remanded. Harmon v. Superior Court, 307 F.2d 796 (9th Cir.); Armstrong v. Rushing, 352 F.2d 836, 837 (9th Cir.). We do not pass on the merits of the action, if any.