SMITH v. MAHONEY

No. 94-99003.

611 F.3d 978 (2010)

Ronald A. SMITH, Plaintiff-Appellant, v. Michael MAHONEY, Montana State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 5, 2010.

Filed March 5, 2010.

Amended July 13, 2010.


Attorney(s) appearing for the Case

Cliff Gardner and Lazuli Whitt, Oakland, CA, for the petitioner-appellant.

Mike McGrath, Montana Attorney General, and C. Mark Fowler, Assistant Attorney General, Helena, MT, for the respondent-appellee.

Opinion by Judge THOMAS; Dissent by Judge BETTY B. FLETCHER.


ORDER AND AMENDED OPINION

ORDER

The opinion filed on March 5, 2010 [596 F.3d 1133] is hereby amended as follows. The second and third full sentences of the second full paragraph, beginning on line 23 and continuing to line 28, in the middle of Slip Op. page 3473 [596 F.3d at 1147] are deleted.

No further petitions for panel rehearing or rehearing en banc will be entertained.

THOMAS, Circuit Judge:

OPINION

Ronald Smith...

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