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FORD v. HUBBARD

Nos. 98-56455, 98-56587, 98-80477, 98-80582, 98-80603.

330 F.3d 1086 (2003)

Richard Herman FORD, Petitioner-Appellant, v. S. HUBBARD, Warden; Daniel E. Lungren, Attorney General, Respondents-Appellees. Richard Herman Ford, Petitioner-Appellant, v. S. Hubbard, Warden; Attorney General of the State of California, Respondents-Appellees. Richard Herman Ford, Petitioner, v. United States District Court for the Central District of California, Respondent, S. Hubbard, Warden, Real Party in Interest. Richard Herman Ford, Petitioner, v. S. Hubbard, Warden, Respondent. Richard Herman Ford, Petitioner, v. United States District Court for the Central District of California, Respondent, S. Hubbard, Warden, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Submission vacated June 10, 2002.

Re-submitted July 24, 2002.

Filed September 6, 2002.

Amended May 15, 2003.

Attorney(s) appearing for the Case

Lisa M. Bassis, Los Angeles, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General for the State of California; David P. Druliner, Chief Assistant Attorney General; Carol Wendelin Pollack, Senior Assistant Attorney General; Steven D. Matthews, Supervising Deputy Attorney General; and Paul M. Roadarmel, Jr., Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before PREGERSON, REINHARDT and SILVERMAN, Circuit Judges.

Opinion by Judge REINHARDT. Dissent by Judge SILVERMAN.

ORDER

The majority opinion filed September 6, 2002, and appearing at 305 F.3d 875 (9th Cir.2002), is hereby amended as follows:

1. slip op. at 13347, line 18 [305 F.3d at 878]: after "See" and before the citation to James v. Pliler, insert "Kelly v. Small, 315 F.3d 1063, 1070-71 (9th Cir.2003);" ...

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