Preminger

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN R. PREMINGER; SANTA 

CLARA COUNTY DEMOCRATIC

CENTRAL COMMITTEE,

Plaintiffs-Appellants, No. 08-15714 v. D.C. No. JAMES B. PEAKE, as Secretary of 04-CV-02012-JF Veterans Affairs and in his  ORDER personal capacity; ELIZABETH AMENDING FREEMAN, as Director of the Palo OPINION AND Alto Health Care System and in AMENDED her personal capacity; HELEN OPINION

GIRTON; SACHA POULENZ; MYREL

WILLEFORD,

Defendants-Appellees.  Appeal from the United States District Court for the Northern District of California Jeremy D. Fogel, District Judge, Presiding

Argued and Submitted June 12, 2008—San Francisco, California

Filed August 8, 2008 Amended December 22, 2008

Before: Michael Daly Hawkins and Susan P. Graber, Circuit Judges, and James V. Selna,* District Judge.

Opinion by Judge Graber

*The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation.

16607 PREMINGER v. PEAKE …