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BRODHEIM v. CRY

No. 07-17081.

584 F.3d 1262 (2009)

Michael J. BRODHEIM, Plaintiff-Appellant, v. Michael CRY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2009.

Attorney(s) appearing for the Case

Joseph David Elford, Americans for Safe Access, Oakland, CA, for the plaintiff-appellant.

Kelli Hammond, Office of the California Attorney General, Sacramento, CA, for the defendant-appellee.

Opinion by Judge LARSON; Partial Concurrence and Partial Dissent by Judge BEA.

LARSON, District Judge:

Michael Brodheim, a prisoner at the California Medical Facility ("CMF"), appeals the district court's grant of summary judgment against him on his claim that his First Amendment right to petition the government for redress of grievances was violated by defendant Michael Cry, the prison Appeals Coordinator. The claimed violation occurred when a prison official denied Brodheim's written "interview request," and noted on the denial that Brodheim...

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