SMART v. HEINZE

No. 19735.

347 F.2d 114 (1965)

Ardis O. SMART, Appellant, v. Robert A. HEINZE, Warden, Folsom Prison, Represa, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 21, 1965.


Attorney(s) appearing for the Case

Ardis Oliver Smart, in pro. per.

Thomas C. Lynch, Atty. Gen., of Cal., Doris H. Maier, Asst. Atty. Gen., of Cal., Edsel W. Haws, Deputy Atty. Gen., of Cal., Sacramento, Cal., for appellee.

Before HAMLIN, BROWNING and DUNIWAY, Circuit Judges.


HAMLIN, Circuit Judge.

Appellant is a prisoner incarcerated in Folsom Prison. On July 20, 1964, appellant filed a complaint in the United States District Court for the Northern District of California, Northern Division, pursuant to the Civil Rights Act, 28 U.S.C. § 1343 and 42 U.S.C. § 1983, seeking damages and other equitable relief against the warden of Folsom Prison, appellee herein. In his complaint it is alleged that appellant prepared a petition for...

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