Sires v. Cole

314 F.2d 340 Richard Eugene SIRES, Appellant, v. W. R. COLE, Judge, Superior Court of Kittitas County, Joseph Panattoni, Prosecutor, and Gerald S. Porter, Clerk, Superior Court of Kittitas County, Kittitas County, et al., Appellees. No. 18261. United States Court of Appeals Ninth Circuit. February 18, 1963. Rehearing Denied March 19, 1963. Richard Eugene Sires, in pro. per. No appearances for appellee. Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges. PER CURIAM. 1 Richard Eugene Sires sought leave to file a complaint in forma pauperis purporting to allege a cause of action for damages under the Civil Rights Act ( 42 U.S.C. §§ 1981 , 1983, 1985, 1987 and 1988) and naming as defendants a Judge and the Clerk of the Superior Court of the State of Washington for Kittitas County, and the Prosecuting Attorney of that county. The motion was denied on the ground that the action is frivolous. Plaintiff appeals. Appellees have made no appearance in this court. 2 The gist of appellant's claim against appellees, as alleged in his complaint, is that they failed to acknowledge, file, or act upon a petition for a writ of habeas corpus which he forwarded to them on June 4, 1962.…