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DOCKERY v. DOCKERY

No. 24163.

437 F.2d 898 (1971)

D. C. DOCKERY, Appellant, v. Albert DOCKERY and Sarah Calhoun, Appellees.

United States Court of Appeals, Ninth Circuit.

January 15, 1971.

Attorney(s) appearing for the Case

D. C. Dockery, in pro per.

Albert Dockery, in pro per; Sarah Calhoun, in pro per.

Before HAMLEY, MERRILL and BROWNING Circuit Judges.

PER CURIAM:

D. C. Dockery, a California State prisoner, appeals from an order dismissing his complaint pursuant to Rule 12, Federal Rules of Civil Procedure. The district court dismissed the complaint because of plaintiff's failure "to elaborate the facts which underlie his claim" in this civil rights action against plaintiff's brother and sister.

A dismissal of a complaint, without dismissal of the action, is not a "final order" under 28 U.S.C. § 1291...

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