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PESNELL v. ARSENAULT

No. 04-56721.

543 F.3d 1038 (2008)

David PESNELL, Plaintiff-Appellant, v. Jeffrey ARSENAULT, a natural person acting under color of federal law; Janet R. Lintz, a natural person acting under color of federal law; Thomas P. Gallagher, a natural person acting under the color of federal law; Douglas J. Morgan, a natural person acting under color of federal law, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2008.

Amended September 15, 2008.

Attorney(s) appearing for the Case

Ronald J. Tocchini and Jason M. Sherman, Tocchini & Associates PC, Roseville, CA, for the plaintiff-appellant.

Robert I. Lester and Sharla Cerra, Assistant United States Attorneys, Los Angeles, CA, for the defendants-appellees.

Before: PROCTER HUG, JR., HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges.

ORDER

The Opinion filed on July 1, 2008, and appearing at 531 F.3d 993 (9th Cir.2008), is amended as follows: At 531 F.3d at 996, after the first sentence of the last paragraph, insert the following as a footnote: "As noted below and in the concurring opinion, Pesnell's claims, including his constitutional claims, are barred to the extent that they rest upon the same misrepresentations alleged in the dismissed Arizona action."<...

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