Conway v. Slaughter, No. 25782.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation440 F.2d 1278
PartiesJames X. CONWAY, Appellant, v. I. SLAUGHTER, Psychiatrist, California Medical Facility, and Fifty-Eight Others, Appellees.
Docket NumberNo. 25782.
Decision Date09 April 1971

440 F.2d 1278 (1971)

James X. CONWAY, Appellant,
v.
I. SLAUGHTER, Psychiatrist, California Medical Facility, and Fifty-Eight Others, Appellees.

No. 25782.

United States Court of Appeals, Ninth Circuit.

April 9, 1971.


440 F.2d 1279

James X. Conway, in pro. per.

Evelle Younger, Atty. Gen., Edward P. O'Brien, George R. Nock, Deputy Attys. Gen., San Francisco, Cal., for amicus curiae in support of appellees.

Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

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, 396 U.S. 107, 90 S.Ct. 312, 24 L.Ed.2d 295 (1969). The allegations are vague and conclusory in form and generally fail to meet the standard of factual specificity required in civil rights actions. See Williams v. Dunbar, 377 F.2d 505, 506 (9th Cir. 1967); Stiltner v. Rhay, 322 F.2d 314, 316 n. 4 (9th Cir. 1963). Moreover, there is no allegation that the defendants, or any of them, acted under color of state law as required by 42 U.S.C. § 1983.

It is apparent from the language of the district court's order dismissing the complaint "without prejudice should plaintiff desire to clarify his factual allegations by citing specific acts of mistreatment," that the court did not determine that the action could not be saved by amendment. Appellant remains free to file an amended complaint. Under these...

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8 practice notes
  • Carter v. Small Business Administration, No. 76-903
    • United States
    • Colorado Court of Appeals of Colorado
    • December 22, 1977
    ...be saved by any amendment to the complaint. See, e. g., Borelli v. City of Reading, 532 F.2d 950 (3d Cir. 1976); Conway v. Slaughter, 440 F.2d 1278 (9th Cir. 1971); Azar v. Conley, 480 F.2d 220 (6th Cir. 1973). It is apparent that this complaint could not have been salvaged by any amendment......
  • Stout v. Robnett, No. C.A. 2:99-2693-23.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • March 3, 2000
    ...of fact indicating a deprivation of civil rights, rather than state simple conclusions.") (citations omitted); Conway v. Slaughter, 440 F.2d 1278, 1279 (9th Cir.1971) (upholding dismissal where the allegations were "vague and conclusory in form and generally fail[ed] to meet the s......
  • RUBBERSET COMPANY v. United States, C.R.D. 72-9
    • United States
    • United States Court of Customs and Patent Appeals
    • May 9, 1972
    ...Procedure: Civil §§ 1219, 1220. 14 See generally, Wright & Miller, op. cit. §§ 1202, 1215, § 1374, § 1375. 15 Conway v. Slaughter, 440 F.2d 1278 (C.A. 9th, 1971); Byrd v. Bates, 220 F.2d 480 (C.A. 5th, 1955); Karlinsky v. New York Racing Ass'n, Inc. et al., 310 F.Supp. 937...
  • United States v. Hall, No. 30652.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 9, 1971
    ...is raised as to the rulings of the court during the formal trial. The substance of his appeal is directed solely to the admissibility 440 F.2d 1278 in evidence of certain identifiable money (commonly known as bait money) taken from the robbed bank. This bait money had been discovered in a c......
  • Request a trial to view additional results
8 cases
  • Carter v. Small Business Administration, No. 76-903
    • United States
    • Colorado Court of Appeals of Colorado
    • December 22, 1977
    ...be saved by any amendment to the complaint. See, e. g., Borelli v. City of Reading, 532 F.2d 950 (3d Cir. 1976); Conway v. Slaughter, 440 F.2d 1278 (9th Cir. 1971); Azar v. Conley, 480 F.2d 220 (6th Cir. 1973). It is apparent that this complaint could not have been salvaged by any amendment......
  • Stout v. Robnett, No. C.A. 2:99-2693-23.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • March 3, 2000
    ...of fact indicating a deprivation of civil rights, rather than state simple conclusions.") (citations omitted); Conway v. Slaughter, 440 F.2d 1278, 1279 (9th Cir.1971) (upholding dismissal where the allegations were "vague and conclusory in form and generally fail[ed] to meet the s......
  • RUBBERSET COMPANY v. United States, C.R.D. 72-9
    • United States
    • United States Court of Customs and Patent Appeals
    • May 9, 1972
    ...Procedure: Civil §§ 1219, 1220. 14 See generally, Wright & Miller, op. cit. §§ 1202, 1215, § 1374, § 1375. 15 Conway v. Slaughter, 440 F.2d 1278 (C.A. 9th, 1971); Byrd v. Bates, 220 F.2d 480 (C.A. 5th, 1955); Karlinsky v. New York Racing Ass'n, Inc. et al., 310 F.Supp. 937...
  • United States v. Hall, No. 30652.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • April 9, 1971
    ...is raised as to the rulings of the court during the formal trial. The substance of his appeal is directed solely to the admissibility 440 F.2d 1278 in evidence of certain identifiable money (commonly known as bait money) taken from the robbed bank. This bait money had been discovered in a c......
  • Request a trial to view additional results

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