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SIMMONS v. SACRAMENTO COUNTY SUPERIOR COURT

No. 01-16309.

318 F.3d 1156 (2003)

Christopher I. SIMMONS, Plaintiff-Appellant, v. SACRAMENTO COUNTY SUPERIOR COURT; Sacramento County Sheriff's Department; and R. Duane Skelton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2003.

Attorney(s) appearing for the Case

Christopher I. Simmons, Soledad, CA, plaintiff-appellant pro se.

No appearance for defendants-appellees.

Before HUG, O'SCANNLAIN, and GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge.

Plaintiff Christopher Simmons, a state prisoner, brings this action under 42 U.S.C. § 1983. He failed to appear for trial in a civil personal injury action that he was pursuing because, by the time that proceeding occurred, he was in the Sacramento County Jail awaiting trial on an unrelated criminal matter. A default judgment was entered against him in the civil case. Under several theories, Plaintiff contends that the...

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