ARMSTRONG v. RUSHING

No. 20055.

352 F.2d 836 (1965)

James F. ARMSTRONG, Appellant, v. Dewie RUSHING, Appellee.

United States Court of Appeals Ninth Circuit.

November 15, 1965.


Attorney(s) appearing for the Case

James F. Armstrong, in pro. per.

Roy E. Wolfe, County Counsel, Madera County Govt. Center, Madera, Cal., for appellees.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


HAMLEY, Circuit Judge.

James F. Armstrong commenced this action against Dewie Rushing to recover damages under the Civil Rights Act, R.S. § 1979 (1875), 42 U.S.C. § 1983 (1964). The district court, on its own motion, and before issuance or service of process upon defendant, dismissed the complaint without leave to amend. Armstrong then took this appeal.1

In his complaint Armstrong alleged as follows: he was arrested on...

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