Comer

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT CHARLES COMER, 

Petitioner-Appellant, No. 98-99003 v. DORA B. SCHRIRO, Director, of  D.C. No.

CV-94-01469-ROS

Arizona Department of

ORDER

Corrections, Respondent-Appellee.  Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted May 17, 2005—Pasadena, California

Filed August 10, 2006

Before: Harry Pregerson, Warren J. Ferguson, and Pamela Ann Rymer, Circuit Judges.

Order; Concurrence by Judge Ferguson; Dissent by Judge Rymer

ORDER

Appellant Comer’s pro se motions received February 3, 2006, are ordered filed and are hereby denied.

9339 9340 COMER v. SCHRIRO FERGUSON, Circuit Judge, with whom PREGERSON, Cir- cuit Judge, joins, concurring:

Judge Rymer is correct in setting forth the tortured history of this case. The case creates an issue that denigrates constitu- tional rights, thus the delay in reaching a decision.

Comer wants to be executed. I maintain that the right to die is not synonymous with the right to kill. Comer’s appointed habeas corpus counsel…