Stein

Stein v. Ryan

Good Law
662 F.3d 1114·2011 WL 5607646·2011 U.S. App. LEXIS 23027
United States Court of Appeals for the Ninth CircuitNovember 18, 201110-16527California2,270 words

Opinion

Opinion

Wallace, J.

Alan Stein appeals from the judgment of the district court dismissing his action against the State of Arizona and individual officials employed by the Arizona Department of Corrections (Department) for alleged negligence and alleged violations of his civil rights. The district court held that Stein failed to state a claim for which relief can be granted. We have jurisdiction to review the district court’s judgment under 28 U.S.C. § 1291 . We affirm.

I.

On August 1, 1997, Stein pleaded guilty in the Arizona Superior Court to a felony charge of attempted sexual contact with a minor. His offense occurred between October 15, 1995 and October 26, 1996. The judge suspended sentence, placed Stein on lifetime probation, and ordered that he spend one year in jail. Stein did not appeal his conviction or sentence.

On February 9, 2006, Stein appeared in Arizona Superior Court to respond to a charge that he had violated the terms of his probation. The court revoked Stein’s probation and sentenced him to ten years in prison. Stein did not appeal his sentence. However, he later filed a petition for post-conviction relief.

On November 3, 2008, while Stein’s petition for…

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