Eddie G. Javor v. Edmund G. Brown, Governor of the State of California

In this action invoking the Federal Civil Rights Act, 42 U.S.C.A. § 1975 et seq., and other statutes relating to jurisdiction, plaintiff seeks damages, a declar atory judgment, and injunctive relief from eighteen named officials of the state of California.

Defendants moved for an order dismissing the “complaint and action” for failure to state facts establishing jurisdiction or upon which relief could be granted. The district court entered an order granting “the motion by defendants to dismiss the complaint herein * * Thus, while defendants sought dismissal of the action as well as the complaint, the motion was granted only to the extent of dismissing the complaint.

On June 28, 1961, Javor filed in the district court a notice of appeal from this order, tendering the five-dollar district court fee for such a filing. At the same time he filed in the district court a motion for leave to appeal in forma pauperis. Since Javor had paid all fees in connection with the appeal which were required to be filed in the district court, the latter court transmitted to this court for disposition the motion .to appeal in forma pauperis.

This court remanded the cause to the district court for…