Robert Rameses v. Scott Kernan

FILED

UNITED STATES COURT OF APPEALS FEB 18 2010

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS

EDWARD ONTIVEROS, No. 08-17317

Petitioner - Appellant, D.C. No. 2:07-cv-01441-JAM-

DAD

v. Eastern District of California, Sacramento

R. J. SUBIA,

Respondent - Appellee. ORDER

Before: NOONAN, HAWKINS and M. SMITH, Circuit Judges.

The memorandum disposition filed on January 28, 2010 is hereby

withdrawn. A new memorandum disposition is filed concurrently herewith.

Appellant Ontiveros filed a pro se petition for panel rehearing on February 8,

2010, which was deficient because he has appointed counsel. That petition for

panel rehearing is hereby rendered moot.

FILED

NOT FOR PUBLICATION FEB 18 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

EDWARD ONTIVEROS, No. 08-17317

Petitioner - Appellant, D.C. No. 2:07-cv-01441-JAM-

DAD

v.

R. J. SUBIA, …