UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 15, 2009
TIMOTHY LEE BYRD, PETITIONER-APPELLANT,
GAIL LEWIS, WARDEN, PLEASANT VALLEY STATE PRISON; EDMUND G. BROWN, ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, RESPONDENTS-APPELLEES.
Eastern District of California, Sacramento D.C. No. CV-02-02013-MCE
Before: J. Clifford Wallace and Johnnie B. Rawlinson, Circuit Judges, and Jane A. Restani,*fn1 Judge.
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 The accompanying majority and concurring opinions supersede the withdrawn majority and concurring/dissenting opinions filed on December 11, 2007 and published at 510 F.3d 1045.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 rehearing en banc are dismissed as moot. The parties may file petitions 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.