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Case: 20-71433, 08/18/2020, ID: 11793891, DktEntry: 17, Page 1 of 1
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`UNITED STATES COURT OF APPEALS
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`FOR THE NINTH CIRCUIT
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`FILED
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`AUG 18 2020
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`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
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` Petitioners,
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`SUZANNE SISLEY, M.D.; et al.,
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`
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` v.
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`U.S. DRUG ENFORCEMENT
`ADMINISTRATION; et al.,
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`
`
`
`
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`No. 20-71433
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`
`DEA No. DEA-427
`Drug Enforcement Agency
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`ORDER
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` Respondents.
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`Before: McKEOWN and BRESS, Circuit Judges.
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`The government’s motion to dismiss this petition for review for failure to
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`exhaust administrative remedies (Docket Entry No. 11) is denied without prejudice
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`to renewing the arguments in the answering brief. See Nat’l Indus. v. Republic
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`Nat’l Life Ins. Co., 677 F.2d 1258, 1262 (9th Cir. 1982) (merits panel may consider
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`appellate jurisdiction despite earlier denial of motion to dismiss).
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`Petitioner’s opening brief is due September 29, 2020; the government’s
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`answering brief is due October 29, 2020; the optional reply brief is due 21 days
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`after service of the answering brief.
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