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PHILLIPS v. HUST

No. 04-36021.

588 F.3d 652 (2009)

Frank Marvin PHILLIPS, Plaintiff-Appellee, v. Lynn HUST, Library Staff, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 2, 2009.

Attorney(s) appearing for the Case

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Rolf C. Moan, Supreme Court Coordinator, Salem, OR, filed the post-Supreme Court remand brief for the appellant.

Frank Marvin Phillips, pro se, Salem, OR, filed the brief for the appellee.

Before: D.W. NELSON, DIARMUID F. O'SCANNLAIN, and SIDNEY R. THOMAS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We consider whether a prison librarian is entitled to qualified immunity from suit alleging a constitutional tort for hindering an inmate's ability to comb-bind a petition for a writ of certiorari to the Supreme Court of the United States.

I

A

Frank Marvin Phillips was convicted of second-degree manslaughter. While in prison, Phillips brought ineffective assistance of counsel claims in state court. The

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