Phillips

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD LOUIS ARNOLD PHILLIPS,  No. 04-99005 Petitioner-Appellant, D.C. No. v. CV-F-92-05167-

STEVEN W. ORNOSKI, REC

Respondent-Appellee. ORDER  AMENDING

OPINION, AND

DENYING

REHEARING AND

REHEARING EN

BANC AND

AMENDED

 OPINION

Appeal from the United States District Court for the Eastern District of California Robert E. Coyle, Senior District Judge, Presiding

Argued and Submitted March 25, 2009—San Francisco, California Withdrawn from Submission July 1, 2010 Resubmitted August 31, 2011

Filed March 16, 2012 Amended May 25, 2012

Before: Betty B. Fletcher, Stephen Reinhardt, and Andrew J. Kleinfeld, Circuit Judges.

Opinion by Judge Reinhardt; Partial Concurrence and Partial Dissent by Judge Kleinfeld COUNSEL

Richard Phillips, San Quentin, California, appearing pro se; Katherine L. Hart, Fresno, California, advisory counsel, for the petitioner-appellant.

Catherine Chatman, Supervising Deputy Attorney General, Sacramento, California; Robert Todd Marshall, Assistant Attorney…