Beaty

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD EDWARD BEATY, 

Petitioner, No. 08-71249 v.  D.C. No.

CV-92-02076-SRB

DORA B. SCHRIRO, of Arizona Department of Corrections, ORDER Respondent.  Argued and Submitted December 16, 2008—Pasadena, California

Filed February 2, 2009

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

COUNSEL

Ashley J. McDonald, Office of the Federal Public Defender, Phoenix, Arizona, and John E. Charland, Phoenix, Arizona, argued the cause for the appellant and submitted briefs. Jon M. Sands, Federal Public Defender, and Dale A. Baich, Office of the Federal Public Defender, Phoenix, Arizona, were on the briefs.

John Pressley Todd, Office of the Attorney General, Phoenix, Arizona, argued the cause for the appellee and submitted a brief. Terry Goddard, Attorney General, and Kent E. Cattani, Office of the Attorney General, Phoenix, Arizona, were on the brief.

1149 1150 BEATY v. SCHRIRO

ORDER

We must decide whether any of the claims in this petition for leave to file a second and successive habeas petition…