Langston v. United States Attorney General, 13500.
| Decision Date | 06 July 1961 |
| Docket Number | No. 13500.,13500. |
| Citation | 293 F.2d 316 |
| Parties | Daniel E. LANGSTON, Appellant, v. UNITED STATES ATTORNEY GENERAL, The United States Public Health Service, The United States Department of Justice, and The United States Armed Forces. |
| Court | U.S. Court of Appeals — Third Circuit |
Daniel E. Langston, pro se.
Hubert I. Teitelbaum, U. S. Atty., and John F. Potter and Thomas J. Shannon, Asst. U. S. Attys., Pittsburgh, Pa., for appellees.
Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, and KALODNER, Circuit Judges.
The plaintiff-appellant, who is incarcerated in the United States Penitentiary at Atlanta, Georgia, seeks to enforce an alleged oral contract between himself and the United States. It is clear that venue was improperly laid in the court below. See Sections 1346(a) (2) and 1402(a) (1), Title 28 U.S.C. It is also apparent that there has been no service on the parties named as defendants. See Rules 4(d) and 5, Fed.R.Civ.Proc., 28 U.S.C. We need add only that the Declaratory Judgments Act, Section 2201, Title 28 U.S.C., on which the plaintiff-appellant relies in part, creates a remedy but it does not establish jurisdiction.
The order of the court below, dismissing the complaint for want of jurisdiction, will be affirmed.
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...v. Resor, 426 F.2d 213, 216 (9th Cir. 1970); Ragoni v. United States, 424 F.2d 261, 264 (3rd Cir. 1970); Langston v. United States Attorney General, 293 F.2d 316, 317 (3rd Cir. 1961); Venson v. State Board of Parole and Probation, 384 F.2d 238, 239 (9th Cir. 1967); Mattingly v. Elias, 325 F......
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James v. Ambrose
...v. Resor, 426 F.2d 213, 216 (9th Cir. 1970); Ragoni v. United States, 424 F.2d 261, 264 (3rd Cir. 1970); Langston v. United States Attorney General, 293 F.2d 316, 317 (3rd Cir. 1961); Benson v. State Board of Parole and Probation, 384 F.2d 238, 239 (9th Cir. 1967). [3, 4] Although plaintiff......
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James v. Ambrose
...v. Resor, 426 F.2d 213, 216 (9th Cir. 1970); Ragoni v. United States, 424 F.2d 261, 264 (3rd Cir. 1970); Langston v. United States Attorney General, 293 F.2d 316, 317 (3rd Cir. 1961); Benson v. State Board of Parole and Probation, 384 F.2d 238, 239 (9th Cir. Although plaintiff has not expre......
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Steinagel v. Jacobson, C-3-79-365.
...lie only in the district of his residence, with respect to that claim, under Section 1402(a)(1). See, e. g., Langston v. United States Attorney General, 293 F.2d 316 (3d Cir. 1961). The monetary claim would therefore be subject to transfer to that district under 28 U.S.C. § 1406(a). Further......