# Robert J. Jarvis v. Louis S. Nelson, Warden

> Court of Appeals for the Ninth Circuit · April 8, 1971 · 440 F.2d 13

URL: https://www.frixlaw.com/law-library/cases/9456652

## Case

- **Full name:** Robert J. JARVIS, Appellant, v. Louis S. NELSON, Warden, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** April 8, 1971
- **Citations:** 440 F.2d 13; 1971 U.S. App. LEXIS 10869
- **Precedential status:** Published
- **Opinion:** Concurrence by Chambers
- **Judges:** Chambers, Hamley, Hufstedler
- **Cited by:** 221 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9456652

## How later opinions describe it (automated extraction)

- holding that a petition for habeas corpus should not be 15 dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded 16 were such leave granted
- holding “a petition for habeas corpus should not be 16 dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded 17 were such leave granted”
- holding a habeas petition should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted

## Opinion text

CHAMBERS, Circuit Judge
(concurring) :
I concur in the result. That is, I would give the petitioner an opportunity to amend his petition. A more detailed recitation of the claim might or might not show that there was a necessity to get the transcript of evidence over from the state court. Here the majority seems to say that the district court must send for the transcript.
We simply get ahead of ourselves here if we order more than leave to amend.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9456652. Public record. Not legal advice.