Mendez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL MENDEZ,  No. 06-15153 Petitioner-Appellant, D.C. No. v.  CV-03-00022-WHA MIKE KNOWLES,* Warden, ORDER AND Respondent-Appellee.  OPINION

Appeal from the United States District Court for the Northern District of California William H. Alsup, Distict Judge, Presiding

Argued and Submitted April 14, 2008—San Francisco, California

Filed February 10, 2009

Before: Ronald M. Gould, Richard R. Clifton, and N. Randy Smith, Circuit Judges.

Opinion by Judge Gould

*We retain in the caption the name of the original custodian of Michael Mendez, Warden Mike Knowles. Should the parties desire that the caption reflect his current custodian, they may file a motion requesting such a change, supported by documentation identifying the current custodian. COUNSEL

Barry L. Morris, Hayward, California, for the petitioner- appellant.

Mark Howell, Assistant Attorney General for the state of Cal- ifornia, San Francisco, California, for the respondent- appellee.

ORDER

The opinion…