Jeffrey Biggs v. Secretary of California

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY J. BIGGS, No. 11-18021 Petitioner-Appellant, D.C. No. v. 2:07-cv-00470-WBS-CKD

SECRETARY OF THE

CALIFORNIA DEPARTMENT ORDER AMENDING

OF CORRECTIONS AND OPINION AND

REHABILITATION, DENYING PETITION

Respondent-Appellee. FOR PANEL

REHEARING AND

PETITION FOR

REHEARING EN BANC

Filed September 4, 2013

Before: J. Clifford Wallace, Jerome Farris, and Jay S. Bybee, Circuit Judges.

ORDER

The opinion, filed May 29, 2013, appearing at 717 F.3d 678 (9th Cir. 2013), is amended as follows:

1. At 717 F.3d at 689, lines 47–50, replace, “To the extent the Garner opinion includes language that can be interpreted as being relevant to the scope of applicability of BIGGS V. SEC’Y OF CAL. DEP’T OF CORR. & REHAB.

the as-applied requirement, that language suggests a limited scope.” with, “Garner’s language regarding the as-applied requirement is limited in scope.”

2. At 717 F.3d at 691, lines 61–62, replace “we only considered that test facially.” with, “we did not have to reach the as-applied challenge because we…