Robert O. Gilmore, Jr. v. Thomas C. Lynch

This appeal is taken from an interloeu-tory order of the District Court for the Northern District of California denying petitioners’ motion for the convening of a three-judge court pursuant to 28 U.S.C. § 2281 .

The appeal is taken pursuant to 28 U.S.C. § 1292 (b), the district judge having, in his order, certified that in his opinion the order involved “a controlling question of law as to which there is substantial ground for difference of opinion,” and that “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” The controlling question as certified was whether appellants’ claims involved a substantial question of constitutional law under the standards established in California Water Service Co. v. City of Redding, 304 U.S. 252 , 58 S.Ct. 865 , 82 L.Ed. 1323 (1938), and Ex parte Poresky, 290 U.S. 30 , 54 S.Ct. 3 , 78 L.Ed. 152 (1933).

Appellants are 89 inmates of the California State Prison at San Quentin. The complaint names as defendants the Peo-pie of the State of California, various prison officials and the head of the State Department of Correction. Appellants seek an injunction against the enforcement of certain rules…