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VUN CANNON v. BREED

No. 72-1716.

565 F.2d 1096 (1977)

Bernard C. VUN CANNON, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Allen F. BREED, James Stratten, C. R. Byrne, Roger C. Chandler, Julio Gonzales, William L. Richey, Mrs. Paula A. Tennant, and Ralph Wright, Individually and in their official capacities as members of the Youth Authority Board, State of California, R. N. Procunier, Individually and in his official capacity as Director of Corrections for the State of California, L. N. Patterson, Individually and in his official capacity as Superintendent of Deuel Vocational Institution, Sergeant L. A. Nelson, Correctional Officer, R. Ezell, and Correctional Officer D. E. Burnett, Individually and in their official capacities as officers and employees of the Department of Corrections and/or Deuel Vocational Institution, their agents, employees, and successors in interest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 6, 1977.

Attorney(s) appearing for the Case

Armando M. Menocal, III, B. E. Bergesen, III, San Francisco, Cal., for plaintiff-appellant.

Gloria F. DeHart, San Francisco, Cal., for defendants-appellees.

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

ON PETITION FOR REHEARING

KOELSCH, Circuit Judge:

Appellees' Petition for Rehearing presents nothing new; if we limited our consideration to the contentions they there made, our order would consist simply of a denial.1 However, because of our own further research, we have now concluded that plaintiff-appellant lacks standing to maintain the action and to prosecute this appeal. Hence we are obliged to withdraw our prior opinion...

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