Brown

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CAL COBURN BROWN,  No. 04-35998 Petitioner-Appellant, D.C. No. v.  CV-01-00715-JCC JOHN LAMBERT, Superintendent of ORDER AND Washington State Penitentiary, AMENDED Respondent-Appellee.  OPINION

Appeal from the United States District Court for the Western District of Washington John C. Coughenour, Chief Judge, Presiding

Argued and Submitted July 14, 2005—Pasadena, California

Filed December 8, 2005 Amended June 19, 2006

Before: Stephen Reinhardt, Alex Kozinski and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Kozinski; Dissent from Denial of Rehearing En Banc by Judge Tallman

6735 6738 BROWN v. LAMBERT

COUNSEL

Suzanne Elliott and Gilbert H. Levy, Seattle, Washington, for the petitioner-appellant.

Rob McKenna, Attorney General, and John J. Samson, Assis- tant Attorney General, Criminal Justice Division, Olympia, Washington, for the respondent-appellee.

ORDER

The opinion filed December 8, 2005, and reported at 431 F.3d 661, is withdrawn, and is replaced by the Amended Opinion, 04-35998, filed concurrently herewith. The…