Summary
finding the defendants' evidence inadequate where affidavit describing inmate appeals process does not state whether the plaintiff exhausted his appeals and there was "no evidence in the record establishing that the 'Appeal Record' is what defendants say it is"
Summary of this case from Amaro v. ArpaioOpinion
No. 00-16568.
December 31, 2002.
Earl Wayne Wyatt, Ione, CA, Grace Won, Esq., Farella, Braun and Martel, San Francisco, CA, for Plaintiff-Appellant.
Kathleen E. Gnekow, Esq., Paul A. Bernardino, Esq., Sacramento, CA, for Defendant-Appellee.
ORDER
The panel has voted to deny appellee's petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002.
The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.
The petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002, is DENIED.
The opinion filed September 23, 2002, and published at 305 F.3d 1033 (9th Cir. 2002), is WITHDRAWN.