Bonanno

Salvatore V. Bonanno appeals, in part, from a district court judgment dismissing his first amended complaint in this civil rights damage suit, and dismissing the action.

The suit was commenced on May 3, 1961. The City of Phoenix, Arizona, the chief of police of that city, and two detective lieutenants of Phoenix were named as defendants. Defendants filed and noticed for hearing a motion to dismiss the action. On July 13, 1961, no ruling having been made on the motion to dismiss, Bonanno filed his first amended complaint. In this pleading Bonanno named, as additional defendants, five named persons, five “John Does,” and five “Richard Roes,” all alleged to be Phoenix police officers.

On July 24, 1961, defendants moved to strike certain words from the first amended complaint, and to dismiss that complaint. The record does not indicate that these motions were noticed for hearing or that any hearing was had thereon. On September 20, 1961, an order was en *321 tered by minute entry, reading as follows: “It is Ordered that Defendants’ Motion to Dismiss First Amended Complaint is granted, and that this action is dismissed.”

Bonanno thereupon appealed, but only as to the personal…