Rhodes

ORDER

The opinion filed August. 19, 2004, is hereby ordered amended as follows: '

Slip op. at 11715, lines 15-16: Delete “harmed the prisoner and (5) was not narrowly tailored to advance a legitimate correctional goal.” and replace it with “chilled the inmate’s exercise of his First Amendment rights, 11 and (5) the action did not reasonably advance a legitimate correctional goal.”

Slip op. at 11715, lines 29-30: Delete “were not undertaken in narrowly tailored furtherance of legitimate penological purposes.” and replace it with “were not undertaken to advance legitimate penological purposes.”

Slip op. at 11716-17: Delete the paragraph on page 11716, lines 28-35, and 11717, lines 1-12, that begins “In this context, and at the pleading stage” and delete the paragraph on page 11717, lines 13-20, that begins “Our cases, in short, are clear” and replace them with “In this context, and at the pleading stage, we have never required a litigant, per impossibile, to demonstrate a total chilling of his First Amendment rights to file grievances and to pursue civil rights litigation in order to perfect a retaliation claim.- Speech can be chilled even when not completely silenced. In…