Byrd

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIMOTHY LEE BYRD, 

Petitioner-Appellant, No. 06-15977 v. D.C. No.

CV-02-02013-MCE

GAIL LEWIS, WARDEN, PLEASANT

VALLEY STATE PRISON; EDMUND G.  Eastern District of BROWN, ATTORNEY California, GENERAL FOR THE STATE OF Sacramento

CALIFORNIA, ORDER

Respondents-Appellees.  Filed May 15, 2009

Before: J. Clifford Wallace and Johnnie B. Rawlinson, Circuit Judges, and Jane A. Restani,* Judge.

ORDER

This case is resubmitted for decision on May 8, 2009. The accompanying majority and concurring opinions supersede the withdrawn majority and concurring/dissenting opinions filed on December 11, 2007 and published at 510 F.3d 1045. The pending petition for rehearing and suggestion for rehear- ing en banc are dismissed as moot. The parties may file peti- tions for rehearing and/or rehearing en banc of this superseding opinion in accordance with the Federal Rules of Appellate Procedure and the Rules of the United States Court of Appeals for…