John L. Penter v. Gen. Tel. Co. Dep't of Motor Vehs. All Am. Pipeline, 952 F.2d 1399 (9th Cir. 1992). · Go Syfert
John L. Penter v. Gen. Tel. Co. Dep't of Motor Vehs. All Am. Pipeline, 952 F.2d 1399 (9th Cir. 1992). Cases Citing This Book View Copy Cite
“repeated exposure to contagious diseases may violate the eighth amendment if prison officials show deliberate indifference to serious medical needs.”
29 citation events (2 in the last 25 years) across 4 distinct courts.
Strongest positive: Maney v. Brown (ord, 2021-02-02)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
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discussed Cited as authority (quoted) Maney v. Brown
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repeated exposure to contagious diseases may violate the eighth amendment if prison officials show deliberate indifference to serious medical needs.
discussed Cited "see, e.g." Lee v. PHH Mortgage
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Schmidt v. Herrmann, 614 F.2d 15 1221, 1224 (9th Cir. 1980); see also Ross v. Elliott, 952 F.2d 1399 (9th Cir. 1992) 16 (dismissing a complaint and noting the “complaint [was] a ‘confused rambling narrative of 17 conclusions and charges many of which are ambiguous, redundant, vague and in some 18 respects unintelligible.’” (citation omitted)).
Retrieving the full opinion text from the archive…
John L. Penter
v.
General Telephone Company Department of Motor Vehicles All American Pipeline
91-55186.
Court of Appeals for the Ninth Circuit.
Jan 14, 1992.
952 F.2d 1399

952 F.2d 1399

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
John L. PENTER, Plaintiff-Appellant,
v.
GENERAL TELEPHONE COMPANY; Department of Motor Vehicles;
All American Pipeline, Defendants-Appellees.

No. 91-55186.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 9, 1992.[*]
Decided Jan. 14, 1992.

Before WALLACE Chief Judge, and SNEED and ALARCON, Circuit Judges.

1

MEMORANDUM[**]

2

John L. Penter appeals pro se the dismissal of his 42 U.S.C. § 1983 civil rights complaint alleging that the defendants conspired to suppress the commercial use of a patented product he developed while employed by General Telephone Company ("GTE"). We dismiss this appeal for lack of jurisdiction.

3

The district court dismissed Penter's complaint on the ground that Penter failed to comply with the district court's injunction which requires a pre-filing review of any proposed new lawsuit bought by Penter against GTE.

4

Ordinarily, an order dismissing a complaint, but not the action is not a final appealable order under 28 U.S.C. § 1291, unless it is clear that the district court intended to dispose of the action. See Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171-72 n. 1 (9th Cir.1984). Here, the district court dismissed Penter's complaint without prejudice because he failed to comply with a pre-filing injunction. Thus, it is not clear that the district court intended to dismiss the entire action. Cf. id. Instead, the district court may have merely sought compliance with the pre-filing order. Accordingly, we dismiss this appeal for lack of subject matter jurisdiction. See id.

5

DISMISSED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3