Blacketter

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DUSTIN VADE MILLER, 

Petitioner-Appellant, No. 06-36090 v. SHARON BLACKETTER,  D.C. No.

CV-05-00267-PA

Superintendent, Eastern Oregon

OPINION

Correctional Institution, Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Owen M. Panner, Senior District Judge, Presiding

Argued and Submitted December 4, 2007—Portland, Oregon

Filed May 12, 2008

Before: Diarmuid F. O’Scannlain, Susan P. Graber, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

Kristina Hellman, Assistant Federal Public Defender, Port- land, Oregon, argued the cause for the petitioner-appellant and filed a brief; Patrick J. Ehlers, Assistant Federal Public Defender, Portland, Oregon, also filed a brief.

Carolyn Alexander, Assistant Attorney General, State of Ore- gon, Salem, Oregon, argued the cause for the respondent- 5276 MILLER v. BLACKETTER appellee and filed a brief; Mary H. Williams, Solicitor Gen- eral, and Hardy Myers, Attorney General, State of Oregon, Salem, Oregon, were on…