HURST v. STATE OF CALIFORNIA

No. 71-1738.

451 F.2d 350 (1971)

Roy Douglas HURST et al., Plaintiffs-Appellants, v. STATE OF CALIFORNIA et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 10, 1971.


Attorney(s) appearing for the Case

Roy D. Hurst, Lloyd Daniels and Richard E. Deeth, in pro. per.

Evelle J. Younger, Cal. Atty. Gen., William E. James, Asst. Atty. Gen., Russell Iungerich, Jack K. Weber, Deputy Attys. Gen., Los Angeles, Cal., for defendant-appellee.

Before HAMLEY, BROWNING and CARTER, Circuit Judges.


PER CURIAM:

Plaintiffs, inmates at California Men's Colony, appeal from an "Order Dismissing Complaint" that was based upon their failure to allege the names of any defendants in the caption of the complaint other than the "State of California, Et Al." The State of California was found to be an improper defendant under the Civil Rights Act, 42 U.S.C. § 1983.

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

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