MARCELLAS HOFFMAN V. PRESTON, ET AL, No. 20-15396 (9th Cir. 2022)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 28, 2022.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MARCELLAS HOFFMAN, Plaintiff-Appellant, v. PRESTON, Defendant-Appellee, No. OCT 11 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS 20-15396 D.C. No. 1:16-cv-01617-LJO-SAB Eastern District of California, Fresno ORDER and D. COYLE; MATEVOISAIN, Warden; L. T. HAYES; FIELDS, SIA Investigator, Defendants. Before: WARDLAW and BEA, Circuit Judges, and ROSENTHAL,* District Judge. The Honorable Lee H. Rosenthal, Chief United States District Judge for the Southern District of Texas, sitting by designation. * SUMMARY ** Civil Rights After ordering supplemental briefing on June 15, 2022 to address the effect on this case of the Supreme Court’s decision in Egbert v. Boule, No. 21-147, 142 S. Ct. 1793 (2022), the panel withdrew its previous opinion and replaced it with a memorandum disposition filed concurrently with this order. This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. ** ORDER On June 15, 2022, we requested supplemental briefs addressing the effect on this case of the Supreme Court’s decision in Egbert v. Boule, No. 21-147, 142 S. Ct. 1793 (2022). Dkt. 58. After reviewing those briefs, we WITHDRAW our previous opinion and replace it with the memorandum disposition filed concurrently with this order. IT IS SO ORDERED. 2
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