Doe

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN DOE, 

Petitioner-Appellant, v. No. 06-16154 JEANNE S. WOODFORD, in her capacity as Director of the  D.C. No.

CV-04-04157-MJJ

California Department of Corrections; JOSEPH L. MCGRATH, OPINION Warden, in his capacity as Warden, Pelican Bay State Prison, Respondents-Appellees.  Appeal from the United States District Court for the Northern District of California Martin J. Jenkins, District Judge, Presiding

Argued and Submitted February 15, 2007—San Francisco, California

Filed November 27, 2007

Before: J. Clifford Wallace, Richard D. Cudahy,* and M. Margaret McKeown, Circuit Judges.

Opinion by Judge Cudahy

*The Honorable Richard D. Cudahy, Senior United States Circuit Judge for the Seventh Circuit, sitting by designation.

15171 15174 DOE v. WOODFORD

COUNSEL

Donald L. Lipmanson, Ukiah, California, for the petitioner- appellant.

Dorian Jung, Office of the Attorney General, State of Califor- nia, San Francisco, California, for the respondents-appellees.

OPINION

CUDAHY, Circuit Judge:

In 1998, the petitioner, John…