Phillips

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK MARVIN PHILLIPS,  No. 04-36021 Plaintiff-Appellee, D.C. No. v. CV-01-01252-ALH LYNN HUST, Library Staff, District of Oregon, Defendant-Appellant. Portland

ORDER

 DESIGNATING

FOR

PUBLICATION

DENIAL OF

PETITION FOR

REHEARING AND

PETITION FOR

REHEARING

 EN BANC

Filed October 9, 2007

Before: James R. Browning, Dorothy W. Nelson, and Diarmuid F. O’Scannlain, Circuit Judges.

ORDER

Our September 14, 2007 order denying the petition for rehearing and petition for rehearing en banc, and the accom- panying dissent, are hereby designated for publication.

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The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.