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VANCE v. BARRETT

Nos. 01-15819, 01-15870.

345 F.3d 1083 (2003)

Daniel VANCE, Plaintiff-Appellant, v. Jay BARRETT; E.K. McDaniel; Becky Messick; Robert Miller; Michael Scheel, Defendants-Appellees. Timothy H. Johnson, Plaintiff-Appellant, v. Ron Angelone; Jay Barrett; E.K. McDaniel; Becky Messick; Robert Miller; Michael Scheel, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 14, 2002.

Resubmitted September 30, 2003.

Filed September 30, 2003.

Attorney(s) appearing for the Case

Robert A. Brundage, Bingham McCutchen, LLP, San Francisco, California, argued the cause for the plaintiffs-appellants and filed briefs; Leslie G. Landau, was on the briefs.

T. Laura Lui, Deputy Attorney General, Carson City, Nevada, argued the cause for the defendants-appellees and filed briefs; Frankie Sue Del Papa, Attorney General, Carson City, Nevada, was on the briefs.

Before: Walter K. Stapleton, Diarmuid F. O'Scannlain, and Ferdinand F. Fernandez, Circuit Judges.

Argued and Submitted November 7, 2002 — San Francisco, California.

OPINION

O'SCANNLAIN, Circuit Judge.

We are asked to decide constitutional challenges to the administration of inmate trust accounts by state prison authorities.

I

To avoid the attendant problems that one might imagine would arise from inmates keeping currency in their cells, Nevada Department of Prisons ("NDOP") inmates are required, by statute, to keep their...

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