James O'Leary v. County of Sacramento

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James O'LEARY, Plaintiff-Appellant, v. COUNTY OF SACRAMENTO, Defendant-Appellee. No. 92-15209. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1992. * Decided Oct. 5, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Appellant is challenging the district court's pretrial dismissal of his claim against the County of Sacramento for failure to state a claim upon which relief can be granted. Appellant claims that the name Sacramento on that county's seal is a violation of the Establishment Clause. We remand this case to the district court to determine whether the appellant has standing and whether the service on the county was proper. I. FACTS AND PRIOR PROCEEDINGS 3 In September of 1991, appellant filed his claim attacking the constitutionality of the Sacramento County seal. Appellant attempted service on the county by certified mail to an employee of the Superior Court of the…