Ruchell Magee v. State of California

Good Law
365 F.2d 831
United States Court of Appeals for the Ninth CircuitSeptember 16, 196620809_1California79 words

Opinion

Appellant, in effect, has moved to dismiss the appeal as against the State of California. The motion is granted.

Insofar as the appeal against individuals is concerned, the district court records show no service upon them. Therefore, as to the individuals, the appeal is dismissed.

In appellant’s pleadings, there is some element of habeas corpus. If we were not dismissing on other grounds, we would dismiss any such claim for lack of a proper party defendant, meaning Magee’s keeper.