Mark A. Koch v. Dora B. Schriro, Director, Director of the Arizona Department of Corrections Terry L. Stewart, Director, Former Director of the Arizona Department of Corrections George Herman, Former Warden Denny Harkins, Former Deputy Warden, Mark A. Koch v. Dora B. Schriro, Director, Director of the Arizona Department of Corrections Terry L. Stewart, Director, Former Director of the Arizona Department of Corrections George Herman, Former Warden Denny Harkins, Former Deputy Warden

399 F.3d 1099 Mark A. KOCH, Plaintiff-Appellee, v. Dora B. SCHRIRO, Director, Director of the Arizona Department of Corrections; Terry L. Stewart, Director, Former Director of the Arizona Department of Corrections; George Herman, Former Warden; Denny Harkins, Former Deputy Warden, Defendants-Appellants. Mark A. Koch, Plaintiff-Appellee, v. Dora B. Schriro, Director, Director of the Arizona Department of Corrections; Terry L. Stewart, Director, Former Director of the Arizona Department of Corrections; George Herman, Former Warden; Denny Harkins, Former Deputy Warden, Defendants-Appellants. No. 03-16968. No. 03-17190. United States Court of Appeals, Ninth Circuit. Submitted September 29, 2004. * Filed March 2, 2005. James R. Morrow, Daniel P. Schaack, Assistant Attorneys General, Phoenix, AZ, for the appellants. Larry A. Hammond, Timothy J. Eckstein, Daniel J. Pochoda, Phoenix, AZ, for the appellee. Appeal from the United States District Court for the District of Arizona; James B. Moran, Senior Judge, Presiding. D.C. No. CV-90-01872-JBM. Before B. FLETCHER, RAWLINSON, and CLIFTON, Circuit Judges. ORDER 1 In Koch v. Ryan, 335 F.3d 993 (9th Cir.2003), we dismissed the consolidated…