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ASHKER v. CALIFORNIA DEPT. OF CORRECTIONS

No. C 97-01109 CW.

224 F.Supp.2d 1253 (2002)

Todd Lewis ASHKER, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

United States District Court, N.D. California.

September 11, 2002.

Attorney(s) appearing for the Case

Stephen T. Gargaro, Stephen T. Gargaro Law Offices, San Francisco, CA, Herman A.D. Franck, V, Sacramento, CA, for Plaintiff.

Scott C. Mather, CA State Attorney General's Office, San Francisco, CA, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

WILKEN, District Judge.

Plaintiff Todd Ashker, an inmate housed in the Security Housing Unit (SHU) at Pelican Bay State Prison (PBSP), moves for summary judgment on his First Amendment book label claim. Defendant California Department of Corrections (CDC) opposes the motion. Ashker has not filed a reply. The matter was heard on April 19, 2002. Having considered all of the papers filed by the parties...

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