RHODES v. ROBINSON

No. 03-15335.

408 F.3d 559 (2005)

Kavin Maurice RHODES, Plaintiff-Appellant, v. M. ROBINSON, R & R Officer; Ron Blevins, R & R Sergeant; Sara Malone, Ombudsman; C. Nelson, Correctional Officer; V. Pazo, Correctional Officer; B. Jones, Sergeant; Robertson, Sergeant; J. Tidwell, Correctional Officer; A. Lopez, Facility Captain; Huebner, Lieutenant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2004.

Amended April 25, 2005.


Attorney(s) appearing for the Case

Kavin Maurice Rhodes, pro se, Lancaster, California.

Bill Lockyer, Robert R. Anderson, Allen Crown, James E. Flynn, and John W. Riches II, for the respondent, Office of the Attorney General, Sacramento, California.

Before O'SCANNLAIN, SILER, and WARDLAW, Circuit Judges.


ORDER

The opinion filed August 19, 2004, is hereby ordered amended as follows:

Slip op. at 11715, lines 15-16: Delete "harmed the prisoner and (5) was not narrowly tailored to advance a legitimate correctional goal." and replace it with "chilled the inmate's exercise of his First Amendment rights,11 and (5) the action did not reasonably advance a legitimate correctional goal."

Slip op. at 11715, lines 29-30: Delete "were...

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