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MARELLA v. TERHUNE

No. 07-55006.

568 F.3d 1024 (2009)

Leonard Michael MARELLA, Plaintiff-Appellant, v. C.A. TERHUNE, Director of the California Department of Corrections; R.M. Houston, Chief Deputy Warden, Calipatria; C.G. Butler, Captain, Calipatria; Denise Edwards, Appeals Coordinator, CCII, Calipatria; Harriet Fasolo, Appeals Coordinator, CCII, Calipatria; A. Terhune, Correctional Counselor II, (A) Calipatria State Prison, Facility "B"; M.K. Ormand, Correctional Counselor I, Calipatria State Prison Facility "B", Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2009.

Amended June 5, 2009.

Attorney(s) appearing for the Case

Jeffrey T. Renz, Director, Montana Defender Project, University of Montana School of Law, Missoula, MT, Attorney for the appellant; Zachary Strong, Law Student, Missoula, MT, argued the case for the appellant; Sabrina Hansen, Law Student, Missoula, MT, was on the briefs for the appellant.

Edmund G. Brown Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Michelle Des Jardins, Supervising Deputy Attorney General, Phillip Lindsay, Deputy Attorney General, San Diego, CA; Attorney for the appellees.

Before J. CLIFFORD WALLACE, JEROME FARRIS and M. MARGARET McKEOWN, Circuit Judges.

ORDER

The opinion in the above-captioned matter filed on April 14, 2009, and published at 562 F.3d 983 (9th Cir.2009), is amended as follows:

1. Slip op. page 4321, line 17 (after the carry-over paragraph): Insert as a new paragraph <The absence of a proper administrative process for a prisoner to appeal from an initial rejection of an appeal does not abrogate the...

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