Edward Schad v. Charles Ryan

FILED

FOR PUBLICATION OCT 07 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDWARD HAROLD SCHAD, No. 13-16895

Petitioner - Appellant, D.C. No. 2:97-cv-02577-ROS District of Arizona, v. Phoenix

CHARLES L. RYAN, Director, Arizona Department of Corrections, ORDER

Respondent - Appellee.

Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.

Judge Schroeder and Judge Graber have voted to deny the petition for panel

rehearing and to deny the motion for a stay of execution. Judge Reinhardt voted

to grant the petition for panel rehearing and to grant the motion for a stay of

execution. Accordingly, the petition for panel rehearing and the motion for a stay

of execution are denied.