U.S. Court of Appeals for the Ninth Circuit, 1970

Clinton v. Los Angeles County

U.S. Court of Appeals for the Ninth Circuit · Decided November 27, 1970 · Ely, Hamley, Wright

434 F.2d 1038 (Federal Reporter, Second Series)

Counsel

Richard H. Clinton, in pro. per., Evelle J. Younger, Dist. Atty., John Tucker, of Rathbone, King & Seeley, Los Angeles, Cal., for appellee.

Cases that cite this one

3 later published cases cite this decision.

Donald Gene Boag v. L. C. Boies, Sheriff of Maricopa County (9th Cir. 1972)
California Diversified Promotions, Inc. v. James A. Musick (9th Cir. 1974)
Clinton v. Los Angeles County (9th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Richard H. Clinton appeals from a dismissal by the district court, on its own motion and without notice and hearing, of his complaint for damages under the Civil Rights Act, 42 U.S.C. § 1983.

It is now well established that the district court did not follow the proper procedure in dismissing the complaint. Potter v. McCall, (9th Cir. November 4, 1970), 433 F.2d 1087; Dodd v. Spokane County, 393 F.2d 330 (9th Cir. 1969); Armstrong v. Rushing, 352 F.2d 836 (9th Cir. 1965); Harmon v. Superior Court, 307 F.2d 796 (9th Cir. 1962).

The judgment is reversed and the cause remanded to the district court in order that it may follow the procedure outlined in the above-cited cases.

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