CONWAY v. DUNBAR

No. 25347.

448 F.2d 765 (1971)

James X. CONWAY, Appellant, v. Walter A. DUNBAR et al., Appellees.

United States Court of Appeals, Ninth Circuit.

August 24, 1971.


Attorney(s) appearing for the Case

James X. Conway, in pro. per.

Evelle J. Younger, Atty. Gen., Tamal, Cal., for appellees.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and POWELL, District Judge.


PER CURIAM:

The United States District Court, for the Northern District of California, invoking a local rule, dismissed on its own motion this Civil Rights action on the ground that plaintiff had failed to diligently prosecute the same.

Plaintiff, as a state prisoner, was entitled to have the Clerk of the District Court cause summons and complaint to be served. Potter v. McCall, 433 F.2d 1087 (9th Cir. 1970). But plaintiff...

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