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MILES v. STATE OF CALIFORNIA

No. 01-17040.

320 F.3d 986 (2003)

James MILES, Plaintiff-Appellant, v. STATE OF CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 19, 2003.

As Amended March 4, 2003.

Attorney(s) appearing for the Case

John Houston Scott, Attorney, The Scott Law Firm, San Francisco, CA, for the appellant.

James E. McFetridge, Supervising Deputy Attorney General for the State of California, Sacramento, CA, for the appellee.

Before SILVERMAN, GOULD, Circuit Judges, and WEINER, District Judge.

OPINION

GOULD, Circuit Judge.

The issue presented is whether the district court properly granted costs pursuant to Federal Rule of Civil Procedure 54(d) after an Americans with Disabilities Act (ADA) claim was dismissed without prejudice to assertion of state law claims because the ADA claim was barred under the Eleventh Amendment.1

I

In 1997, Plaintiff James...

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