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STANARD v. DY

No. 21-35582.

88 F.4th 811 (2023)

Robert A. STANARD, aka Robert Allen Stanard, Plaintiff-Appellant, v. Maria DY, Doctor, FDC SeaTac; Dan Sproul, Warden, FDC SeaTac; K. Martinez, Physician's Assistant, FDC SeaTac; Mary Mitchell, Western Regional Director; Ian Conners, Administrator, National Inmate Appeals; Leen, Health Services Administrator, FCI Sheridan; J. Baltazar, Western Regional Director; Unknown Party, Medical Director of the FBOP; Unknown Party, Regional Medical Director; McDermont, Health Services Administrator, FDC SeaTac, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2023.

Attorney(s) appearing for the Case

Xiao Wang (argued), Assistant Professor of Law, University of Virginia Law School, Charlottesville, Virginia; Matthew Dickel , Taylor Hoffman , Elisabeth Logan , and Briana Singson , Certified Law Students, Northwestern University Pritzker School of Law Appellate Advocacy Center, Bluhm Legal Clinic, Chicago, Illinois; Samuel Weiss , Founder and Executive Director; Oren Nimni , Litigation Director; Rights Behind Bars, Washington, D.C.; for Petitioner-Appellant.

Tania M. Culbertson (argued) and Matt Waldrop , Assistant United States Attorneys; Nicholas W. Brown , United States Attorney, Western District of Washington, United States Attorney's Office, Seattle, Washington; for Defendants-Appellees.

Before: Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges, and Dean D. Pregerson, District Judge.

OPINION

Robert A. Stanard claims in this action that his Fifth and Eighth Amendment rights were violated by various federal prison officials when he was denied treatment for Hepatitis C. The district court dismissed Stanard's pro se complaint, finding that it failed to state a Bivens claim. See Bivens...

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