Irving Eugene Ney v. State of California, Lawrence F. Pickett, Keith C. Sorenson

Ney is a prisoner of the State of California, having been convicted of mayhem (Cal.Pen.C. § 203) and assault with a deadly weapon (id., § 245). The offenses occurred on June 28, 1964; judgment of conviction was entered on November 6, 1964. The facts are stated in the opinion of the California District Court of Appeal, affirming the conviction. People v. Ney, 1965, 238 Cal.App.2d 785 , 48 Cal.Rptr. 265 .

On February 26, 1969, Ney filed this action in the United States District Court. He attempts to state claims under the Civil Rights Act, 28 U.S.C. § 1343 ; 42 U.S.C. § 1983 ff. Named defendants are the State of California, Keith C. Sorenson, District Attorney of San Mateo County, and Lawrence F. Pickett, Chief of Police of the City of Millbrae, California, where the offense occurred. No others are named in the caption of the complaint or Amendment filed by Ney. Rule 10(a), F.R.Civ.P. The District Court entered separate judgments dismissing the action as against each defendant; together, they dispose of the entire action (cf. Rule 54(b) F.R.Civ.P.), and we have jurisdiction under 28 U.S.C. § 1291 .

*1287 The judgment rests on a determination, as to all defendants, that the…

(dissenting).

I would affirm the judgment of the lower court.

439 F.2d 1285 Irving Eugene NEY, Appellant, v. STATE OF CALIFORNIA, Lawrence F. Pickett, Keith C. Sorenson, et al., Appellees. No. 26516. United States Court of Appeals, Ninth Circuit. March 25, 1971. Rehearings Denied April 20, 1971. Irving Eugene Ney, in pro. per. Michael J. Brady, of Ropers, Majeski, Kohn, Bentley & Wagner, Redwood City, Cal., Donald W. Malouf, of Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for appellees. Before HAMLEY, DUNIWAY and KILKENNY, Circuit Judges. DUNIWAY, Circuit Judge: 1 Ney is a prisoner of the State of California, having been convicted of mayhem (Cal.Pen.C. § 203) and assault with a deadly weapon ( id., § 245). The offenses occurred on June 28, 1964; judgment of conviction was entered on November 6, 1964. The facts are stated in the opinion of the California District Court of Appeal, affirming the conviction. People v. Ney, 1965, 238 Cal.App. 2d 785 , 48 Cal.Rptr. 265 . 2 On February 26, 1969, Ney filed this action in the United States District Court. He attempts to state claims under the Civil Rights Act, 28 U.S.C. § 1343 ; 42 U.S.C. § 1983 ff. Named defendants are the State of California, Keith C. Sorenson,…