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McBRIDE v. LOPEZ

No. 12-17682.

807 F.3d 982 (2015)

James John McBRIDE, Plaintiff-Appellant, v. S. LOPEZ; R. Ruggles; M. Perez; D. Lopez; S. Koch; R. Athey, Sgt., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2015.

Amended November 24, 2015.

Attorney(s) appearing for the Case

Tom Wyrwich (argued), Davis Wright Tremaine LLP, Seattle, Washington, for Plaintiff-Appellant.

Kamala D. Harris , Attorney General of California, Thomas S. Patterson , Supervising Deputy Attorney General, Suzanne Antley (argued) and Neah Huynh , Deputy Attorneys General, San Diego, CA, for Defendants-Appellees.

Before: MARY M. SCHROEDER and N. RANDY SMITH, Circuit Judges and ROGER T. BENITEZ, District Judge.

ORDER

The opinion filed on June 30, 2015 [791 F.3d 1115] is amended as follows:

Add the following after the last sentence of the first paragraph on Slip Op. page 4 [791 F.3d 1115], line 10:

This case turns on the adequacy of the complaint to establish an objective basis for the plaintiffs fear of retaliation. It therefore falls into...

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