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No. 8898017
United States Court of Appeals for the Ninth Circuit
Bacon v. People of California
No. 8898017 · Decided February 9, 1971
No. 8898017·Ninth Circuit · 1971·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 9, 1971
Citation
No. 8898017
Disposition
See opinion text.
Full Opinion
PER CURIAM: Appellants, inmates of San Quentin State Prison, appeal from a district court *638 order dismissing their civil rights action with prejudice. The theory of plaintiffs’ action is that California’s indeterminate sentence law is unconstitutional. The law is settled to the contrary. See Bennett v. People of State of California, 406 F.2d 36, 38 (9th Cir. 1969). Defendants accordingly moved to dismiss the complaint for failure to state a claim. In processing this motion, the district court followed the required procedural steps. Potter v. McCall, 433 F.2d 1087 (9th Cir. 1970). Since it clearly appears from the complaint that the deficiency could not be overcome by amendment, the district court properly dismissed the complaint without leave to amend, thereby dismissing the action. Affirmed.
Plain English Summary
PER CURIAM: Appellants, inmates of San Quentin State Prison, appeal from a district court *638 order dismissing their civil rights action with prejudice.
Key Points
01PER CURIAM: Appellants, inmates of San Quentin State Prison, appeal from a district court *638 order dismissing their civil rights action with prejudice.
02The theory of plaintiffs’ action is that California’s indeterminate sentence law is unconstitutional.
03Defendants accordingly moved to dismiss the complaint for failure to state a claim.
04In processing this motion, the district court followed the required procedural steps.
Frequently Asked Questions
PER CURIAM: Appellants, inmates of San Quentin State Prison, appeal from a district court *638 order dismissing their civil rights action with prejudice.
FlawCheck shows no negative treatment for Bacon v. People of California in the current circuit citation data.
This case was decided on February 9, 1971.
Use the citation No. 8898017 and verify it against the official reporter before filing.