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JOHNSON EX REL. JOHNSON v. SPECIAL EDUC. HEARING

No. 01-16274.

287 F.3d 1176 (2002)

Nicholas JOHNSON; a minor by Julie JOHNSON, the natural mother and Guardian Ad Litem, Plaintiff-Appellant, v. SPECIAL EDUCATION HEARING OFFICE, STATE OF CALIFORNIA; Clovis Unified School District; Walter L. Buster, individually REC/DLB and as Superintendent of the Clovis Unified School District; Janet Van Gelder, individually and in her official capacity as the Director of Special Education for the Clovis Unified School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2002.

Attorney(s) appearing for the Case

Shelli J. Lewis, Law Office of Shelli J. Lewis, Corona, CA, for the plaintiff-appellant.

Don Gonzales, Law Office of Shelli J. Lewis, Corona, CA, for the plaintiff-appellant.

Gregory J. Rolen, Miller, Brown & Dannis, San Francisco, CA, for the defendants-appellees.

Before GOODWIN, NOONAN, and TROTT, Circuit Judges.

OPINION

PER CURIAM.

OVERVIEW

Nicholas Johnson ("Nicholas"), by and through his mother, Julie Johnson, appeals the district court's denial of a preliminary injunction sought by them to modify the "stay put" order entered by the California Special Education Hearing Office ("Hearing Office"). Nicholas argues that under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400-91 ("IDEA"), a request for a preliminary injunction to maintain...

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