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NIGRO v. SULLIVAN

No. 93-55357.

40 F.3d 990 (1994)

E. Robert NIGRO, Jr., Petitioner-Appellant, v. John SULLIVAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

E. Robert Nigro, Jr., pro se.

Michael C. Johnson, Asst. U.S. Atty., Los Angeles, CA, for respondent-appellee.

Before: HUG, WIGGINS, and NOONAN, Circuit Judges.

Opinion by Judge WIGGINS; Dissent by Judge NOONAN.

WIGGINS, Circuit Judge:

FACTS AND PRIOR PROCEEDINGS

E. Robert Nigro is a federal prisoner. During the events relevant to this appeal, Nigro was a pretrial detainee at the Federal Correctional Institute (FCI) at Terminal Island, California. On March 6, 1988, FCI officials required Nigro to provide a urine sample. This sample tested positive for illegal drugs. Prison officials issued an incident report...

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