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MITCHELL v. DUPNIK

Nos. 93-16517, 93-16955 and 93-17019.

75 F.3d 517 (1996)

Anthony Dewayne MITCHELL also known as Mustafa B. Shabazz, Plaintiff-Appellee, v. Clarence DUPNIK, Sheriff of Pima County, Defendant-Appellant. Anthony Dewayne MITCHELL, Plaintiff-Appellee, v. Clarence DUPNIK, Defendant, Donald Robare and Michael Garland, Defendants-Appellants. Anthony Dewayne MITCHELL, Plaintiff-Appellee, v. Clarence DUPNIK, Defendant-Appellant, David Bosman and Richard Fimbres, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 1995.

Opinion Withdrawn January 26, 1996.

Opinion Filed January 26, 1996.

Attorney(s) appearing for the Case

Mustafa B. Shabazz, Arizona State Penitentiary, Florence, Arizona, in pro. per.

Gerald Maltz, Miller, Pitt and McAnally, Tucson, Arizona, for defendants-appellants.

Gerard M. Guerin, Deputy County Attorney, Tucson, Arizona, for defendants-appellants.

ORDER

The motion of Shabazz to file a late response to the County defendants' petition for rehearing is GRANTED. Shabazz's response is ordered filed.

Shabazz's motion to strike the affidavit appended to the County defendants' petition for rehearing is GRANTED. The affidavit is stricken.

The opinion of this court filed on September 28, 1995, and reported at 67 F.3d 216 is withdrawn, and the attached opinion is substituted...

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