Raley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID A. RALEY,  No. 04-99008 Petitioner-Appellant, D.C. No. v. EDDIE YLST, Acting Warden of the  CV-93-02071-JW

ORDER AND

California State Prison at San

AMENDED

Quentin,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding

Argued and Submitted February 16, 2006—San Francisco, California

Filed April 14, 2006 Amended November 30, 2006

Before: Barry G. Silverman, Susan P. Graber, and Richard R. Clifton, Circuit Judges.

Opinion by Judge Graber

18847 RALEY v. YLST 18851

COUNSEL

Robert D. Bacon, Oakland, California, for the petitioner- appellant.

Violet M. Lee, Deputy Attorney General, San Francisco, Cali- fornia, for the respondent-appellee.

ORDER

The opinion filed on April 14, 2006, slip opinion page 4145 and published at 444 F.3d 1085 (9th Cir. 2006), is amended by the opinion filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for rehearing and petition for rehearing en banc.

The full court…