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PHOENIX (AP) — Arizona Corrections Director Charles Ryan has lost an appeal of a court order that threatened to hold Ryan in contempt of court and fine the state for repeatedly falling short in improving health care for inmates.

Last week, the 9th Circuit Court of Appeals rejected Ryan’s appeal of the Oct. 10 order by U.S. Magistrate Judge David Duncan.

The appeals court concluded it lacked the jurisdiction to review Duncan’s order.

Duncan and attorneys for prisoners have complained that officials were dragging their feet in making the improvements they promised more than three years ago when settling a lawsuit that alleged inmates were getting shoddy health care.

Earlier this month, Duncan said he would impose fines against the state, but hasn’t specified when his decision will be issued.