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GERBER v. HICKMAN

No. 00-16494.

264 F.3d 882 (2001)

William GERBER, Plaintiff-Appellant, v. Rodney HICKMAN, WARDEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2001.

Attorney(s) appearing for the Case

Teresa L. Zuber, Sacramento, California, for the appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Paul D. Gifford, Senior Deputy Attorney General, John M. Appelbaum, Supervising Deputy Attorney General, and Gregory S. Walston, Deputy Attorney General, Sacramento, California, for the appellee.

Before: BRIGHT, REINHARDT, and SILVERMAN, Circuit Judges.

BRIGHT, Circuit Judge:

William Gerber, a prisoner incarcerated in the State of California, appeals from a judgment in the district court dismissing his complaint for failure to state a claim upon which relief can be granted pursuant to FED. R. CIV. P. 12(b)(6). The complaint presents a claim under 42 U.S.C. § 1983 for alleged violation of his substantive due process rights and under California state law for alleged violation of his statutory rights. In the complaint...

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