Diaz

Plaintiff, a state prisoner presently confined in San Quentin prison, California, by his Amended Complaint, filed herein on March 11, 1963, names as defendants therein DeWitt C. Chatterton, Deputy District Attorney of Orange County, California, Jack W. Walker and Gerald J. Horton, Deputy Sheriffs of Orange County, California, Edward B. Banks and Harry Francis Block, investigators, and others without official capacity. The Amended Complaint is entitled “Amended Complaint in Violation of Section 1985(3) of Title 42, and Sections 231, 241, 242, Title 18, United States Code,” and sets forth six “overt acts” and prays that the court “ * * * will order a criminal complaint filed against defendants as these acts were done contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.”

The Amended Complaint alleges as the “first overt act” that defendants, on February 21, 1961, and April 24, 1961, did wilfully, feloniously combine and confederate to file a criminal complaint against the plaintiff “under color of law” for a crime against the State of California, to deprive him of his freedom, and did falsely maintain…