COLLINS v. PITCHESS

No. 79-3000.

641 F.2d 740 (1981)

John C. COLLINS, Plaintiff-Appellant, v. Peter J. PITCHESS et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

Rehearing Denied May 19, 1981.


Attorney(s) appearing for the Case

John C. Collins, in pro per.

Tim Loring, Los Angeles, Cal., for defendants-appellees.

Before BROWNING and POOLE, Circuit Judges, and WILKINS, District Judge.


POOLE, Circuit Judge:

Appellant, Collins, a prisoner incarcerated in California's Soledad state prison, appeals a judgment dismissing his civil rights complaint against his former custodian without prejudice on the ground that appellant was unable to effectively litigate his action while incarcerated. As the district court erred in dismissing appellant's complaint because of his prisoner status, we reverse.

I

On January 20, 1977, appellant was permitted...

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