Lucas

ORDER

The Memorandum disposition filed September 21, 2007, and appearing at Lucas v. Judge Advocate General, 243 Fed.Appx. 324 (9th Cir.2007), is amended. The amended Memorandum disposition is filed simultaneously with this order.

With this amendment the panel has voted to deny the petition for rehearing and recommends denial of the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing or petition for rehearing en banc are DENIED.

No further petitions for rehearing and petitions for rehearing en banc will be permitted.

AMENDED MEMORANDUM **

David Lucas (Lucas), appeals pro se the district court’s denial of a petition he described as a “Petition for Rule 27 PreAction Discovery,” seeking the results of a DNA test allegedly performed by the Navy in 1989. The district court denied relief under Federal Rule of Civil Procedure 27. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s decision to grant or deny a petition under Rule 27 for an abuse of discretion. See…