Schad

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDWARD HAROLD SCHAD,  No. 07-99005 Petitioner-Appellant, D.C. No. v. CV-9702577-PHX- CHARLES L. RYAN,* Arizona  ROS Department of Corrections, ORDER AND Respondent-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted May 14, 2009—San Francisco, California

Filed September 11, 2009 Amended January 12, 2010

Before: Mary M. Schroeder, Stephen Reinhardt and Pamela Ann Rymer, Circuit Judges.

Per Curiam Opinion; Partial Concurrence and Partial Dissent by Judge Rymer

* Charles L. Ryan is substituted for his predecessor Dora B. Schriro as Director of the Arizona Department of Corrections. See Fed. R. App. P. 43(c)(2). COUNSEL

Kelley J. Henry, Nashville, Tennessee, for the petitioner- appellant.

Jon G. Anderson, Phoenix, Arizona, for the respondent- appellee.

ORDER

The opinion filed September 11, 2009 is hereby amended. The…