Testo completo
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TIMOTHY LEE BYRD,
Petitioner-Appellant, No. 06-15977
v. D.C. No.
CV-02-02013-MCEGAIL LEWIS, WARDEN, PLEASANT Eastern District of VALLEY STATE PRISON; EDMUND G. California,BROWN, ATTORNEY SacramentoGENERAL FOR THE STATE OF
CALIFORNIA, ORDER
Respondents-Appellees.
Filed May 15, 2009
Before: J. Clifford Wallace and Johnnie B. Rawlinson,
Circuit Judges, and Jane A. Restani,* Judge.
ORDER
This case is resubmitted for decision on May 8, 2009. The
accompanying majority and concurring opinions supersede
the withdrawn majority and concurring/dissenting opinions
filed on December 11, 2007 and published at 510 F.3d 1045.
The pending petition for rehearing and suggestion for rehear-
ing en banc are dismissed as moot. The parties may file peti-
tions for rehearing and/or rehearing en banc of this
superseding opinion in accordance with the Federal Rules of
Appellate Procedure and the Rules of the United States Court
of Appeals for the Ninth Circuit.
*The Honorable Jane A. Restani, Chief Judge, United States Court of
International Trade, sitting by designation.
5837
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