Moormann

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT HENRY MOORMANN, 

Petitioner-Appellant, No. 00-99015 v. D.C. No. DORA B. SCHRIRO,* Director,  CV-91-01121-PHX- Arizona Department of ROS Corrections, OPINION Respondent-Appellee.  Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted November 8, 2001—Pasadena, California Submission Deferred February 15, 2002 Submission Deferred September 26, 2002 Resubmitted October 3, 2005

Filed October 13, 2005

Before: Mary M. Schroeder, Chief Judge, Stephen S. Trott, and Johnnie B. Rawlinson, Circuit Judges.

Opinion by Chief Judge Schroeder

*Dora B. Schriro, is substituted for her predecessor, Terry Stewart, as Director of the Arizona Department of Corrections. Fed. R. App. P. 43(c)(2).

14007 MOORMANN v. SCHRIRO 14011

COUNSEL

Denise I. Young, Tucson, Arizona, for the petitioner- appellant.

John Presley Todd, Phoenix, Arizona, for the respondent- appellee.…