No. 17-16907.

83 F.4th 1157 (2023)

Leon L. MEYERS, Plaintiff-Appellant, v. Edward M. BIRDSONG, Dr.; R. Mack; P. Lahey, RN; A. Reynoso, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2023.

Attorney(s) appearing for the Case

Sheridan Caldwell (argued), Latham & Watkins LLP, San Francisco, California, for Plaintiff-Appellant.

Nicole H. Welindt (argued), Associate Deputy Solicitor General; Neah Huynh , Supervising Deputy Attorney General; California Attorney General's Office, San Francisco, California; Helen H. Hong , Attorney, California Attorney General's Office, San Diego, California; Alicia A. Bower , Deputy Attorney General, California Attorney General's Office, Business & Tax Section, Sacramento, California; for Defendants-Appellees.

Before: Danny J. Boggs, Sidney R. Thomas, and Danielle J. Forrest, Circuit Judges.


Leon Meyers, a California state prisoner, moves to recall the mandate and reinstate his 2017 appeal of the dismissal of his civil rights action against state agencies and Salinas Valley Prison medical staff and officials. We deny the motion to reinstate the appeal, but direct that his filing fees be refunded.

Meyers appealed the dismissal of his § 1983 action to this Court in 2017, and we granted his motion to proceed in forma pauperis...

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