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FURNACE v. GIURBINO

No. 13-17620.

838 F.3d 1019 (2016)

Edward Terran FURNACE, Plaintiff-Appellant, v. G. GIURBINO; K. Berkler; R. S. Marquez; E. W. Fischer; M. Valdez, Institutional Gang Investigator at Salinas Valley State Prison; R. L. Martinez, Lt., Institutional Gang Investigator at Salinas Valley State Prison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 29, 2016.

Attorney(s) appearing for the Case

Rajeev Muttreja (argued), Jones Day New York, New York; Glen Nager , Jones Day, Washington, D.C.; for Plaintiff-Appellant.

Jose A. Zelidon-Zepeda (argued), Deputy Attorney General; Thomas S. Patterson , Supervising Deputy Attorney General; Jonathan L. Wolff , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellee.

Before: Alex Kozinski, Jay S. Bybee, and Morgan Christen, Circuit Judges.

OPINION

Edward Furnace is a prisoner at Salinas Valley State Prison. Furnace alleges the Appellees wrongfully classified him as a gang member in retaliation for filing a § 1983 suit against the defendants' colleagues. After Furnace filed a habeas petition, California courts rejected his claims on the ground that...

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