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KRUG v. LUTZ

No. 01-16033.

329 F.3d 692 (2003)

Lawrence J. KRUG, Plaintiff-Appellee, v. Thomas LUTZ, Dr.; Mecoli, Dr.; Fischer, NP; Cleeney, FHA; Flannigan, Warden; D.W. Cattel, Deputy Warden; Mike Dunn, Deputy Warden; Yolanda Martinez, Deputy Warden; Gonzales, Warden; Spargur; Monica Taylor, Defendants-Appellants, and Felix F. Jabczenski, Jr., Dr., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2003.

Attorney(s) appearing for the Case

Wanda E. Hofmann and Bruce L. Skolnik, Assistant Attorneys General, Tucson, AZ, for the defendants-appellants.

Adam N. Steinman and Julia Parsons Clarke, Perkins Coie LLP, Seattle, WA, for the plaintiff-appellee.

Before BROWNING, FISHER, and TALLMAN, Circuit Judges.

OPINION

FISHER, Circuit Judge.

Lawrence Krug is an Arizona state prisoner. He claims that Appellants, various Arizona Department of Corrections officials ("ADOC officials"), violated his procedural due process rights by failing to give him the opportunity to appeal the exclusion of incoming publications to a prison official other than the one who made the initial exclusion decision. The ADOC officials interlocutorily appealed the district court's order granting...

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