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Submitted: October 19, 2009

Before RILEY, HANSEN, and GRUENDER, Circuit Judges.

Tim Reisch (Reisch) and Duane Russell (Russell) appeal the district court’s*fn1 denial of their motion for summary judgment claiming qualified immunity. Mary E. Petersen (Petersen) filed this pro se lawsuit against Reisch and Russell alleging, among other things, Reisch and Russell were deliberately indifferent to her serious medical needs. On March 20, 2008, the district court granted Petersen’s motion for appointment of counsel and denied without prejudice her twelve other pending motions, including a motion to amend the pleadings, and allowed counsel to “re-file any motions having merit, together with a brief in support of the motion.”

 
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