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ROY v. LAMPERT

Nos. 04-35514, 04-35626.

465 F.3d 964 (2006)

Albert ROY, Petitioner-Appellant, v. Robert O. LAMPERT, Respondent-Appellee. Phillip L. Kephart, Petitioner-Appellant, v. Stan Czerniak, Superintendent, OSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2006.

Amended September 22, 2006.

Attorney(s) appearing for the Case

Anthony D. Bernstein, Portland, OR, for the appellant.

Erin C. Lagesen, Assistant Attorney General, Salem, OR, for the appellee.

Before JAMES R. BROWNING, DOROTHY W. NELSON, and DIARMUID F. O'SCANNLAIN, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING/REHEARING EN BANC AND AMENDED OPINION

D.W. NELSON, Senior Circuit Judge.

ORDER

The opinion filed on July 12, 2006, slip opinion at 7625 and published at 455 F.3d 945 (9th Cir.2006) is amended as follows:

Page 7641 of the slip opinion, last words: replace "[other things]" with "[circumstances other than petitioner's lack of diligence]"...

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