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SHINAULT v. HAWKS

No. 13-35290.

782 F.3d 1053 (2015)

Lester R. SHINAULT, Plaintiff-Appellant, v. Dick HAWKS; Tami Dohrman; Martha McDaniel; Oregon Department of Corrections General Service Division, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2015.

Amended April 6, 2015.

Attorney(s) appearing for the Case

Daniel H. Bookin and Anna-Rose Mathieson (argued), O'Melveny & Myers LLP, San Francisco, CA, Pro Bono Counsel for Plaintiff-Appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, Peenesh H. Shah (argued), Assistant Attorney General, Salem, OR, for Defendants-Appellees.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

ORDER

The opinion filed on January 22, 2015, and published at 776 F.3d 1027, is hereby amended as follows:

On page 1032, the following text should be placed in a new footnote inserted after the words <significant sum in the inmate's account.>:

Our holding is of course limited to circumstances in which the government's interest arises from recouping incarceration costs. We need not and do not decide here whether, or when, a pre-deprivation...

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