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JEFFERS v. GOMEZ

Nos. 99-15867, 99-15870, 99-15868, 99-15869.

267 F.3d 895 (2001)

Donnell JEFFERS, Plaintiff-Appellee, v. James GOMEZ, Director, California Department of Corrections; Theo White, Warden, California State Prison at Sacramento; Sam Bess, Correctional Officer at California State Prison at Sacramento; Margaret Yerby, Correctional Officer at California State Prison at Sacramento, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2001.

Amended October 3, 2001.

Attorney(s) appearing for the Case

Jesse M. Rivera, Michael E. Vinding, Law Offices of Moreno & Rivera, Sacramento, California, for defendant-appellant Sam Bess.

Douglas P. Adams, John A. Mason, Adams & Mason, Inc., Sacramento, California, for defendant-appellant Margaret Yerby.

John D. Adkisson, Sacramento, California, for defendant-appellant James Gomez.

Jennifer Weck, Deputy Attorney General, San Diego, California, for defendant-appellant Theo White.

John H. Scott, San Francisco, California, for the plaintiff-appellee.

Before: RUGGERO J. ALDISERT, ALEX KOZINSKI and SUSAN P. GRABER, Circuit Judges.

Argued and Submitted September 14, 2000 — San Francisco, California.

ORDER

The opinion filed on February 20, 2001, and appearing at 240 F.3d 845, is amended in accordance with the attached amended opinion.

With these amendments, the panel has voted to deny the petition for rehearing. Judges Kozinski and Graber have voted to deny the petition for rehearing en banc, and Judge Aldisert has so recommended.

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