
    James H. EDWARDS, Petitioner— Appellee, and Stephen J. Perrello, Claimant, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et ah, Defendants, Andrew D. Lucine, M.D., et al., Respondents, and C. A. Terhune, Director of the Department of Corrections, Defendant — Appellant.
    No. 01-16696.
    D. C. No. CV-00-00813-VRW.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted Oct. 11, 2002.
    Decided Nov. 6, 2002.
    Before BALDOCK, KLEINFELD, and RAWLINSON, Circuit Judges.
    
      
       The Honorable Bobby R. Baldock, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.
    
   MEMORANDUM

The district court properly denied Appellant California Department of Corrections’ (“CDC”) motion to dismiss. CDC’s challenge to Title II of the Americans with Disabilities Act is foreclosed by Hason v. Med. Bd. of Cal, 279 F.3d 1167, 1171 (9th Cir.2002). CDC’s challenge to § 504 of the Rehabilitation Act is similarly foreclosed. See Lovell v. Chandler, 303 F.3d 1039, 1051 (9th Cir.2002).

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
     