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WEST v. PROCUNIER

No. 71-1938.

452 F.2d 645 (1971)

Larry M. WEST et al., Plaintiffs-Appellants, v. R. K. PROCUNIER, Director, California Department of Corrections, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 15, 1971.

Attorney(s) appearing for the Case

Ruchell Magee, in pro. per.; Lonnie E. Culver, in pro. per; Larry M. West, in pro. per.; Philip S. Ryan, San Francisco, Cal. (Co-counsel with West).

Evelle J. Younger, Atty. Gen. of Cal., Albert W. Harris, Jr., Asst. Atty. Gen., Clifford K. Thompson, Jr., Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before BROWNING, WRIGHT, and KILKENNY, Circuit Judges.

PER CURIAM:

Larry West, Lonnie Culver, and Ruchell Magee, inmates at San Quentin Prison, appeal from an order dated May 10, 1971, refusing to authorize the filing of their in forma pauperis civil rights complaint unless the claim of Magee is separated from the claim of West and Culver. Assuming, without deciding, that the order is appealable (cf. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963)), we affirm.

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