Corcoran v. Yorty
| Decision Date | 05 August 1965 |
| Docket Number | No. 19635.,19635. |
| Parties | Patrick J. CORCORAN, Appellant, v. Mayor Samuel W. YORTY et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Patrick J. Corcoran, in pro. per.
Roger Arnebergh, City Atty., Bourke Jones, Asst. City Atty., Wm. B. Burge, Deputy City Atty., Los Angeles, Cal., for appellees.
Samuel W. Yorty, in pro. per.
Before BARNES, HAMLIN and ELY, Circuit Judges.
This appeal has been taken from a district court order dismissing appellant's complaint on four separate grounds, namely:
Each of the grounds urged by the district court as justification for its dismissal is supported by the record before us.
Mr. Corcoran's quest for relief from the City of Los Angeles and its officers and employees has now extended over the period of a full decade. In 1954, Corcoran filed an action in the Superior Court of the State of California to annul certain Civil Service Commission proceedings which had removed him from his position as a steam engineer with the City of Los Angeles. From then until September of 1957, Corcoran plagued the state courts with attempts to perfect his right to relief. In each instance the courts gave appellant leave to correct his procedural defects, and in each instance the courts ultimately dismissed appellant's claim.
In January of 1956, Corcoran filed a second action, this time for damages in the amount of $719,500. The history of this litigation, similar to that described above, reveals the great burden placed on the state courts by appellant's series of complaints and petitions. This action was finally terminated against appellant on January 24, 1958.
Having obtained no relief from the state courts, Corcoran then turned his attention and efforts to the federal courts. He filed an action in 1958 for an alleged violation of his Civil Rights. His complaint objected to his being denied his steam engineers license, although he admits that the license had been given to him and that he now possesses same. The complaint was dismissed by the district court, and we dismissed his appeal because it failed to comply with the appropriate time limitations.
The present Second Amended Complaint (Tr. pp. 587-657) apparently alleges fraud and conspiracy in violation of civil rights. We use the word "apparently" because the complaint, though a Second Amended Complaint, is so verbose, confused and redundant that its true substance, if any, is well disguised. On August 3, 1954, the ...
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