Burrell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEPHEN BURRELL,  No. 02-15114 Plaintiff-Appellant, D.C. No. v.  CV-99-01612-KJD

MIKE MCILROY; GLEN C. RECTOR; ORDER AND

JEFF THORPE, AMENDED

Defendants-Appellees.  OPINION

Appeal from the United States District Court for the District of Nevada Kent J. Dawson, District Judge, Presiding

Argued and Submitted September 13, 2004—San Francisco, California

Filed September 19, 2005 Amended September 20, 2006

Before: James L. Oakes,* Andrew J. Kleinfeld, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan; Dissent by Judge Oakes

*The Honorable James L. Oakes, Senior United States Circuit Judge for the Second Circuit, sitting by designation.

11611 BURRELL v. MCILROY 11615

COUNSEL

Plaintiff-appellant was represented by Steven A. Engel and Susan Kearns of Kirkland & Ellis LLP of Washington, D.C.

Defendants-appellees were represented by Peter Angulo of Las Vegas, Nevada, at oral argument, and by Thomas D. Dil- liard, Jr., and Lilli C. Hitt of Rawlings, Olson,…