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HEBBE v. PLILER

No. 07-17265.

611 F.3d 1202 (2010)

Paul Eric HEBBE, Plaintiff-Appellant, v. Cheryl PLILER, Warden, CSP Sacramento; Steven Vance, Correctional Captain, CSP Sacramento, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2010.

Attorney(s) appearing for the Case

Michael G. Williams (argued), U.C.L.A. School of Law Ninth Circuit Clinic, Los Angeles, CA, supervised by Charles C. Lifland, Jeremy Maltby, Catalina Joos Vergara (argued), O'Melveny & Myers, LLP, Los Angeles, CA, for the plaintiff-appellant.

Edmund G. Brown, Jr., Rochelle C. East, David Carrasco (argued), Office of the California Attorney General, Sacramento, CA, for the defendants-appellees.

Opinion by Judge REINHARDT; Concurrence by Judge FRIEDMAN.

OPINION

REINHARDT, Circuit Judge:

Paul Hebbe, a prisoner in the California State Prison-Sacramento C-Facility ("CSP"), appeals the district court's grant of prison officials Cheryl Pliler, Warden of the CSP, and Steven Vance, Correctional Captain of the CSP (individually and collectively "the prison officials") motion to dismiss his 42 U.S.C. § 1983 action under Federal Rule of Civil Procedure 12(b)(6). Hebbe appeals the district court's ruling with...

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