Merced
Merced v. McGrath
Opinion
Opinion
D.W. Nelson, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN A. MERCED,
Petitioner-Appellant, No. 04-15560 v. D.C. No.
CV-03-01904-CRB
JOSEPH L. MCGRATH, Warden, Pelican Bay Prison, OPINION Respondent-Appellee. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding
Argued and Submitted February 14, 2005—San Francisco, California
Filed October 18, 2005
Before: Dorothy W. Nelson, William A. Fletcher, and Raymond C. Fisher, Circuit Judges.
Opinion by Judge D.W. Nelson
14331 MERCED v. MCGRATH 14333
COUNSEL
Philip M. Brooks, Berkeley, California, for the petitioner- appellant.
Bill Lockyer (on the briefs), Attorney General of the State of California, Gerald A. Engler (on the briefs), Senior Assistant Attorney General for the State of California, Morris Beatus (on the briefs), Deputy Attorney General for the State of Cali- fornia, and Peggy S. Ruffra (argued), Supervising Deputy Attorney General for the State of California, San Francisco, California, for the respondent-appellee.