McGinty v. Rue

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John C. McGINTY, Plaintiff-Appellant, v. Richard RUE, M.D.; Margaret Wall, Health Service Manager, Oregon State Penitentiary; Manfred Maass, Superintendent; Steven M. Gassner, Assistant Superintendent, Oregon State Penitentiary, Defendants-Appellees. No. 90-35532. United States Court of Appeals, Ninth Circuit. Submitted March 2, 1992. * Decided Sept. 24, 1992. Before CYNTHIA HOLCOMB HALL, O'SCANNLAIN and LEAVY, Circuit Judges. ORDER 1 The memorandum disposition filed May 29, 1992, is hereby withdrawn and the attached memorandum disposition shall be filed. With the memorandum disposition, the panel has voted to deny appellant's petition for rehearing and to reject the suggestion for rehearing en banc. 2 The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35. 3 The petition for rehearing is DENIED and…