James X. Conway v. I. Slaughter, Psychiatrist, California Medical Facility, and Fifty-Eight Others

James X. Conway filed this civil rights action in the district court pursuant to 42 U.S.C. § 1981 et seq. and 28 U.S.C. §§ 1331 , 1343(3). The district court permitted the filing of the complaint in forma pauperis, and then on its own motion dismissed the complaint without prejudice for failure to allege the facts supporting the claim with sufficient clarity or specificity.

An order purporting to dismiss a complaint, but not the action, is not appealable under 28 U.S.C. § 1291 unless it appears that “a court determined that the action could not be saved by any amendment of the complaint which the plaintiff could reasonably be expected to make.” Jackson v. Nelson, 405 F.2d 872, 873 (9th Cir. 1968).

Conway’s complaint alleged a conspiracy by one named defendant and fifty-eight unnamed "others” to subject plaintiff, a California state prisoner, to religious persecution and deny him access to the courts. Several overt acts in furtherance of the conspiracy are alleged, including beatings, forced medication and the submission to the United States Supreme Court of a forged document which, it is alleged, induced the Court to dismiss certiorari in Conway v. California Adult Authority,…