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SANDS v. LEWIS

No. 87-2629.

886 F.2d 1166 (1989)

Royce Calvin SANDS, II, Petitioner-Appellant, v. Sam LEWIS, Director, ADOC; John McFarland, Assistant at ADOC; B.D. Goldsmith, Deputy Warden of the Central Unit; Major Terry, Head of Security at the Central Unit; Sgt. Beigenwald, Head of Security at the Central Unit; Jim Adams, Assistant Warden of Central Unit, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 29, 1989.

Attorney(s) appearing for the Case

Royce Sands, pro se, Tucson, Ariz., for petitioner-appellant.

Thomas Prose, Asst. Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before WALLACE and NOONAN, Circuit Judges, and ZILLY, District Judge.

ORDER

The opinion filed in this case on July 3, 1989, is withdrawn.

OPINION

WALLACE, Circuit Judge:

Sands appeals from the district court's dismissal, for failure to state a claim, of his action brought under 42 U.S.C. § 1983. The district court had jurisdiction pursuant to 28 U.S.C. § 1343(a)(3). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

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