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LUNSFORD v. JUMAO-AS

No. 96-56503.

139 F.3d 1233 (1998)

John Wayne LUNSFORD, Petitioner-Appellant, v. C.D. JUMAO-AS, Dr.; Sterling Pollack, Dr.; Jon Hinz; Regional Health Services Administration; J.T. O'Brien, Associate Warden; Pat W. Koehane, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Order Decided February 13, 1998.

Order Published March 23, 1998.

Attorney(s) appearing for the Case

Catherine Valerio Barrad and James M. Harris, Sidley & Austin, Los Angeles, California, for the plaintiff-appellant.

Robert I. Lester, Assistant United States Attorney, Los Angeles, California, for the appellees.

Before: FLETCHER, MAGILL, and T.G. NELSON, Circuit Judges.

ORDER

The request for publication is GRANTED.

The dispositive order filed February 13, 1998, is redesignated as a published order.

ORDER

We agree with both parties that because John Wayne Lunsford seeks only damages in his Bivens action, he was not required to exhaust his administrative remedies before filing this lawsuit in the district court in light of the fact that the Administrative Remedy Program only provides for injunctive...

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