Earp

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICKY LEE EARP,  No. 03-99005 Petitioner-Appellant, D.C. No. v. CV-00-06508-R

S.W. ORNOSKI, WARDEN, OF ORDER

CALIFORNIA STATE PRISON AT SAN AMENDING

QUENTIN,* OPINION AND

Respondent-Appellee.  DENYING

PETITIONS FOR

REHEARING AND

PETITIONS FOR

REHEARING EN

BANC AND

AMENDED

 OPINION

Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding

Argued and Submitted July 14, 2005—Pasadena, California

Filed September 8, 2005 Amended December 16, 2005

Before: Jerome Farris, Dorothy W. Nelson, and Richard C. Tallman, Circuit Judges.

*Pursuant to Fed. R. App. P. 43(c)(2), S.W. Ornoski, the current custo- dian, is substituted for John Stokes as Warden of California State Prison at San Quentin.

16433 16434 EARP v. ORNOSKI Opinion by Judge Tallman EARP v. ORNOSKI 16437

COUNSEL

Robert S. Gerstein, Santa Monica,…