Richard Stokley v. Charles Ryan

FILED

FOR PUBLICATION NOV 21 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

RICHARD DALE STOKLEY, No. 09-99004

Petitioner - Appellant, D.C. No. 4:98-CV-00332-FRZ District of Arizona, v. Tucson

CHARLES L. RYAN,

ORDER

Respondent - Appellee.

Before: McKEOWN, PAEZ, and BEA, Circuit Judges.

The Order issued on November 15, 2012, is withdrawn and an Amended

Order is filed concurrently with this order. With that amendment, Judges

McKeown and Bea vote to deny Stokley's petition for panel rehearing and Judge

Paez votes to grant the petition. No further petitions for panel rehearing will be

entertained.