Free Order - District Court of Arizona - Arizona

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Case 2:03-cv-02327-MHM-JRI Document 100 Filed 11/22/2006 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff - Appellant, ) ) vs. ) ) Carl B. Dodge, Correctional Officer; et al.,) ) ) Defendants - Appellees. ) ) Charles McManus,

No. CV-03-2327-MHM-JRI ORDER

Pursuant to the Order requested by the Ninth Circuit in which this Court stated that Plaintiff's appeal is not taken in good faith, the Court issues this Order to correct a clerical error. The first line of the explanation section states that the Defendant did not exhaust his administrative remedies. This line should have stated that the Plaintiff did not exhaust his administrative remedies. The remainder of the Court's statement shall remain unchanged. Accordingly, IT IS ORDERED, that this Court finds that Plaintiff did not appeal this case in good faith because Plaintiff did not exhaust his administrative remedies and failed to raise a genuine issue of material fact. DATED this 21st day of November, 2006.