Opinion · Court of Appeals for the Third Circuit

Lonzy Oliver v. The Governor of the State of Pennsylvania and the Secretary of the State of Pennsylvania, Both Parties at Harrisburg, Pennsylvania

442 F.2d 1347

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1971-06-07
Topic
general

OPINION OF THE COURT PER CURIAM: The district court dismissed plaintiff’s civil rights complaint. He appeals. *1348 Plaintiff’s grievance, alleged in the most genera] terms, seems to be that the defendants acted on perjured testimony in causing him to be extradited from Texas to Pennsylvania. We think the complaint was properly dismissed on the ground that it failed to set forth the facts with sufficient particularity to withstand a motion to dismiss. Negrich v. Hohn, 379 F.2d 213 (3d Cir. 1967).

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Cited by
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OLIVER v. GOVERNOR OF STATE OF PENNSYLVANIA,442 F.2d 1347(3rd Cir. 1971)
Lonzy OLIVER, Appellant, v. The GOVERNOR OF the STATE OF PENNSYLVANIA and
The Secretary of the State of Pennsylvania, Both Parties at Harrisburg,
Pennsylvania.
No. 19410.
United States Court of Appeals, Third Circuit.
Submitted May 21, 1971.
Decided June 7, 1971.
Appeal from United States District Court for the Western District of Pennsylvania; Frederick V. Follmer, Judge.
Lonzy Oliver, in pro. per.

Joseph J. Pass, Jr., Special Asst. Atty. Gen., Pittsburgh, Pa. (Joseph Martin Gelman, Sp. Asst. Atty. Gen., Fred Speaker, Atty. Gen., Harrisburg, Pa., on the brief), for appellees.
Before SEITZ, VAN DUSEN and ADAMS, Circuit Judges.
OPINION OF THE COURT
PER CURIAM:
The district court dismissed plaintiff's civil rights complaint. He appeals.Page 1348Plaintiff's grievance, alleged in the most general terms, seems to be that the defendants acted on perjured testimony in causing him to be extradited from Texas to Pennsylvania. We think the complaint was properly dismissed on the ground that it failed to set forth the facts with sufficient particularity to withstand a motion to dismiss. Negrich v. Hohn,379 F.2d 213(3d Cir. 1967).

The judgment of the district court will be affirmed.Page 62