GUAJARDO v. LUNA

No. 29866 Summary Calendar.

432 F.2d 1324 (1970)

Guadalupe GUAJARDO, Jr., Petitioner-Appellant, v. R. F. LUNA, Judge, 229th Judicial District Court, Duval County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1970.


Attorney(s) appearing for the Case

Guadalupe Guajardo, Jr., pro se.

Frank R. Nye, Jr., Dist. Atty., Rio Grande City, Tex., for appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.


PER CURIAM:

The petitioner, Guadalupe Guajardo, Jr., seeks a declaratory judgment that a state may not constitutionally prevent a layman from filing a civil suit on behalf of another person. The district court dismissed the case for failure to state a claim upon which relief might be granted. We affirm.

The petitioner is a prisoner in Texas. He is not an attorney at law admitted to practice before any of the courts of the State of Texas nor is he a member...

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