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WILBORN v. ESCALDERON

No. 83-5510.

789 F.2d 1328 (1986)

Frederick C. WILBORN, Plaintiff-Appellant, v. Antonio ESCALDERON and Ruth Rushen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Vacated from Submission November 29, 1984.

Resubmitted June 21, 1985.

Decided July 3, 1986.

Attorney(s) appearing for the Case

Joseph D. Allen, Santa Barbara, Cal., Fredrick C. Wilborn, for plaintiff-appellant.

David I. Friedenberg, Asst. Atty. Gen., San Diego, Cal., for defendants-appellees.

Before NELSON, BOOCHEVER, and REINHARDT, Circuit Judges.

NELSON, Circuit Judge:

Wilborn appeals a grant of summary judgment for defendants Rushen and Escalderon in his 42 U.S.C. § 1983 action for deprivation of property without due process. Before summary judgment was granted, Wilborn had appealed the district court's denial of his motion for request of counsel under 28 U.S.C. § 1915(d).1 Because such orders are not immediately appealable interlocutory orders, we find that the district...

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