Peinado v. Adult Authority Of The Department Of Corrections

405 F.2d 1185 Lorenzo PEINADO, Appellant, v. ADULT AUTHORITY OF the DEPARTMENT OF CORRECTIONS; State of California; John Doe, Chairman of the Adult Authority, and Walter E. Craven, Warden at Folsom State Prison, Appellees. No. 22843. United States Court of Appeals Ninth Circuit. January 15, 1969. Rehearing Denied February 5, 1969. Lorenzo Peinado, in pro. per. Thomas C. Lynch, Atty. Gen., Sacramento, Cal., for appellees. Before POPE, HAMLEY and KOELSCH, Circuit Judges. HAMLEY, Circuit Judge: 1 Lorenzo Peinado, a California state prisoner convicted in 1963 of violating state narcotics laws, tendered in the district court a complaint invoking the Civil Rights Act. Named as defendants were the California Adult Authority, "John Doe," Chairman of the Authority, and Walter E. Craven, Warden of Folsom State Prison. At the time of tendering his complaint, Peinado sought permission under 28 U.S.C. § 1915 (1964), to proceed in forma pauperis. The district court denied the motion, holding in effect that the action is frivolous within the meaning of 28 U.S.C. § 1915 (d). This appeal followed. 2 In his complaint Peinado sought to state three claims. One was based on his allegations…