Steven H. Caswell v. Art Calderon, Warden, California Rehabilitation Center

94 F.3d 650 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steven H. CASWELL, Petitioner-Appellant, v. Art CALDERON, Warden, California Rehabilitation Center, Respondent-Appellee. No. 93-16146. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1996. Decided Aug. 14, 1996. 1 Before: GOODWIN, POOLE, REINHARDT Circuit Judges. 2 MEMORANDUM * 3 Petitioner Steven H. Caswell appeals the district court's denial of his habeas petition under 28 U.S.C. § 2254 . The majority affirmed the denial on June 14, 1995 in a memorandum disposition, with one judge dissenting. Petitioner filed a timely petition for rehearing. We subsequently entered an order deferring action on the petition pending the disposition of Roy v. Gomez, 81 F.3d 863 (9th Cir.1996) (en banc), which considered an issue very similar to that raised here. In light of our decision in Roy, we grant the petition for rehearing, vacate our previous disposition and reverse the district court's…