Rhodes v. Robinson

380 F.3d 1123 Kavin Maurice RHODES, Plaintiff-Appellant, v. M. ROBINSON, R & R Officer; Ron Blevins, R & R Sergeant; Sara Malone, Ombudsman; C. Nelson, Correctional Officer; V. Pazo, Correctional Officer; B. Jones, Sergeant; Robertson, Sergeant; J. Tidwell, Correctional Officer; A. Lopez, Facility Captain; Huebner, Lieutenant, Defendants-Appellees. No. 03-15335. United States Court of Appeals, Ninth Circuit. Submitted May 14, 2004. * Filed August 19, 2004. COPYRIGHT MATERIAL OMITTED Kavin Maurice Rhodes, Lancaster, CA, pro se. Bill Lockyer, Robert R. Anderson, Allen Crown, James E. Flynn, and John W. Riches II, Office of the Attorney General, Sacramento, CA, for the respondent. Appeal from the United States District Court for the Eastern District of California; Robert E. Coyle, Senior Judge, Presiding. D.C. No. CV-02-05018-REC(DLB). Before: O'SCANNLAIN, SILER, JR. ** and WARDLAW, *** Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We must resolve a legal quandary that only Joseph Heller, the author of Catch-22, could have imagined: Do the exhaustive efforts of an incarcerated prisoner to remedy myriad violations of his First Amendment rights demonstrate that his First…