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GERBER v. HICKMAN

No. 00-16494.

291 F.3d 617 (2002)

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

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2002.

Attorney(s) appearing for the Case

Teresa L. Zuber, Law Offices of Teresa L. Zuber, Sacramento, CA, for the plaintiff-appellant.

Gregory S. Walston, Deputy Attorney General, Sacramento, CA, for the defendant-appellee.

Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, HAWKINS, TASHIMA, SILVERMAN, GOULD, PAEZ, BERZON, and RAWLINSON, Circuit Judges.

SILVERMAN, Circuit Judge.

William Gerber, an inmate in the California State prison system, filed an amended complaint in federal court in which he alleged: "Petitioner asserts that Mule Creek State Prison is violating his Constitutional Rights by not allowing him to provide his wife with a sperm specimen that she may use to be artificially inseminated." Gerber sought an order of the court directing the institution to permit him to provide "a sample of sperm to artificially...

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