Joseph Fischer v. Edmund Brown, Jr.

FILED

UNITED STATES COURT OF APPEALS JUN 23 2014

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

JOSEPH ALAN FISCHER, No. 12-56105

Petitioner - Appellant, D.C. No. 8:09-cv-00126-AG-JEM Central District of California, v. Santa Ana

EDMUND G. BROWN, Jr.; FRANK X.

CHAVEZ, ORDER

Respondents - Appellees.

Before: GOULD and N.R. SMITH, Circuit Judges, and KORMAN, Senior District Judge.*

Petitioner’s Petition for Panel Rehearing is GRANTED. The memorandum

disposition filed on June 9, 2014 is AMENDED as follows.

The first paragraph states:

Petitioner appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction and sentence as cruel and unusual punishment in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

* The Honorable Edward R. Korman, Senior District Judge for the U.S. District Court for the Eastern District of New York, sitting by designation. The first paragraph is deleted in…