James Conway, Appellant, v. L. H. Fugge, Prison Captain, and J. Schenk, Prison Sergeant, Appellees., 439 F.2d 1397 (9th Cir. 1971)
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James Conway, in pro. per.
Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellees.
Before HAMLEY, DUNIWAY and HUFSTEDLER, Circuit Judges.
PER CURIAM:
Appellant, a California state prisoner, filed this civil rights action pursuant to 42 U.S.C. 1981 et seq., and 28 U.S.C. 1331, 1343(3). The district court permitted the filing of the complaint in forma pauperis and then, on its own motion, dismissed it as frivolous under 28 U.S.C. 1915(d). This amounted to a dismissal of the action. See Williams v. Field, 394 F.2d 329 (9th Cir. 1968).
The district courts have especially broad discretion to decline to entertain civil actions in forma pauperis by prison inmates against their wardens and other prison officials. Williams v. Field, supra, at 331, and cases cited therein. The allegations of the instant complaint are very similar to those which were involved in the Williams case, in which we affirmed a dismissal.
Affirmed.
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1915 - Sec. 1915. Proceedings in forma pauperis
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 1331 - Sec. 1331. Federal question
- US Code - Title 42: The Public Health and Welfare - 42 USC 1981 - Sec. 1981. Equal rights under the law
- U.S. Court of Appeals for the Ninth Circuit - Elmo Williams, Appellant, v. H. v. Field Et Al., Appellees., 394 F.2d 329 (9th Cir. 1968)
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