GREEN v. DIRECTOR OF INSTITUTIONS, 663 F.2d 55 (8th Cir. 1981)
CLOVIS CARL GREEN, JR., APPELLANT, v. DIRECTOR OF INSTITUTIONS, NORTH DAKOTASTATE PRISONS, ET. AL., APPELLEES.REVEREND CLOVIS CARL GREEN, JR., APPELLANT, v. WARDEN, FEDERAL CORRECTIONALINSTITUTION, SANDSTONE, MINNESOTA AND NORMAN A. CARLSON, DIRECTOR, FEDERALBUREAU OF PRISONS, WASHINGTON, D.C. AND COMMISSIONER, MINNESOTA DEPARTMENTOF CORRECTIONS, APPELLEES.
Nos. 81-1518, 81-1757.United States Court of Appeals, Eighth Circuit.Submitted October 30, 1981.
Decided November 4, 1981.Rehearing and Rehearing En Banc Denied December 1, 1981.Certiorari Denied February 22, 1982.
Clovis Carl Green, Jr., pro se.
Warren R. Spannaus, Atty. Gen., State of Minn., Richard L. Varco, Jr., Sp. Asst. Atty. Gen. Saint Paul, Minn., for appellee Young.
Edwin F. Zuern, Sp. Asst. Atty. Gen., Bismarck, N. D., for appellees.
Appeal from the United States District Court for the District of North Dakota; Bruce M. Van Sickle, Judge.
Appeal from the United States District Court for the District of Minnesota; Edward J. Devitt, Chief Judge.
Before BRIGHT and ARNOLD, Circuit Judges, and DAVIES,[fn*]
Senior District Judge.
[fn*] The Honorable Ronald N. Davies, United States Senior District Judge for the District of North Dakota, sitting by designation.
PER CURIAM.
[1] Consolidated for review are two appeals from dismissal by the District Courts of North Dakota and Minnesota of plaintiff's civil rights actions against prison officials in the respective states. The North Dakota action was dismissed for lack of jurisdiction and that in Minnesota for failure to comply with this Courts order contained in Green v. White, 616 F.2d 1054
(1980).
[2] We are aware that this Court has previously held that some of the claims presented are, on their faces, not frivolous, Greenv. White, 605 F.2d 376 (8th Cir. 1979), cert. denied, 444 U.S. 1083
and 1093, 100 S.Ct. 1038 and 1060, 62 L.Ed.2d 767 and 782, and remanded to the District Court, Eastern District of Missouri, for an evidentiary hearing. That action remains pending, Greenv. White, 628 F.2d 1126 (8th Cir. 1980), and until that action is concluded our order in Green v. White, 616 F.2d 1054, controls.
[3] The dismissals by the Courts below are affirmed.[fn1]
[fn1] While the North Dakota action was dismissed for lack of jurisdiction, if the result below is correct it must be affirmed, although the lower court relied on a wrong ground or gave a wrong reason. Panter v. Marshall Field Co., 646 F.2d 271 (7th Cir. 1981); Helvering v. Gowran, 302 U.S. 238, 58 S.Ct. 154,82 L.Ed. 224 (1937).