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SILVA v. DI VITTORIO

No. 08-15620.

658 F.3d 1090 (2011)

Matthew G. SILVA, Plaintiff-Appellant, v. Sara DI VITTORIO; James C. Miller; William Lucas; Scott Hatten; Corrections Corporation of America; Rob McKenna; Christine O. Gregoire; Harold Clarke; James Thatcher; Maggie Miller-Stout; Richard Hewson; Rainville; John Arnold; Lerch; Westfall; Renate Archer; John Ferguson; John Gay; Samuel Rogers; Napier; Mary Verdugo; Trans-Cor Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2011.

Attorney(s) appearing for the Case

Andrew M. Jacobs and Robert A. Bernheim , Snell & Wilmer L.L.P., Tucson, AZ, for plaintiff-appellant Matthew G. Silva.

Robert M. McKenna , Attorney General, and Andrea Vingo , Assistant Attorney General, Olympia, WA, for the defendant-appellees.

Opinion by Judge KENDALL; Dissent by Judge O'SCANNLAIN.

OPINION

KENDALL, District Judge:

Matthew Silva ("Silva"), a Washington State prisoner, appeals the district court's sua sponte dismissal of his pro se civil rights action for failure to state a claim upon which relief may be granted. We have jurisdiction under 28 U.S.C. § 1291 to review the district court's order dismissing Silva's first amended complaint without leave to amend and, for the reasons set...

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