Dawson

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD E. DAWSON,  No. 06-56454 Petitioner-Appellant, v.  D.C. No.

CV-04-00431-SGL

JOHN MARSHALL,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Central District of California Stephen G. Larson, District Judge, Presiding

Argued and Submitted December 17, 2008—Pasadena, California

Filed February 9, 2009

Before: Cynthia Holcomb Hall, Diarmuid F. O’Scannlain, and Richard A. Paez, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

Peter R. Afrasiabi, Turner Green LLP, Costa Mesa, Califor- nia, argued the cause for the appellant and filed the briefs.

Heather M. Heckler, Deputy Attorney General for the State of California, Sacramento, California, argued the cause for the appellee and filed the brief. Edmund G. Brown, Jr., Attorney General of the State of California; Dane R. Gillette, Chief Assistant Attorney General; Julie L. Garland, Senior Assistant Attorney General; and Jennifer A. Neill, Supervising Deputy Attorney General; were also on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

May an…