DUGAN v. LUMPKIN

No. 78-3775.

640 F.2d 189 (1979)

Robert F. DUGAN and Roxanna F. English, Plaintiffs-Appellants, v. Warden LUMPKIN, Officers Buckley and Bennett, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended December 6, 1979.


Attorney(s) appearing for the Case

Judith S. Feigin, Asst. U. S. Atty., San Diego, Cal., for defendants-appellees.

Before ELY, WRIGHT and WALLACE, Circuit Judges.


Upon due consideration, the motion to dismiss and the motion for appointment of counsel are denied.

While it is the "preferable procedure" for the district court to allow the appellants to file their complaint in forma pauperis and then to treat the case on the merits, see Brown v. Schneckloth, 421 F.2d 1402, 1403 (9th Cir.) (per curiam), cert. denied, 400 U.S. 847, 91 S.Ct. 95, 27 L.Ed.2d 85 (1970), we have not made...

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