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CHAFFER v. PROSPER

No. 07-16853.

592 F.3d 1046 (2010)

Andrew Pasquale CHAFFER, Petitioner-Appellant, v. K. PROSPER; Edmund G. Brown, Jr., Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn September 2, 2008.

Filed January 19, 2010.

Resubmitted September 1, 2009.

Attorney(s) appearing for the Case

Timothy J. Foley, Sacramento, CA, argued the cause for the appellant and filed briefs. With him on the briefs was Daniel J. Broderick.

David Andrew Eldridge, Deputy Attorney General, Sacramento, CA, argued the cause for the appellees and filed a brief. With him on the brief were Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, and Brian G. Smiley, Supervising Deputy Attorney General.

Before: DIARMUID F. O'SCANNLAIN and BARRY G. SILVERMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

ORDER AND OPINION

ORDER

Appellees' request to publish the unpublished memorandum disposition is GRANTED. The memorandum disposition filed September 18, 2009, is modified by changing <known to the parties> to <set forth in Chaffer v. Prosper, 542 F.3d 662, 663-65 (9th Cir.2008),>. So modified, the memorandum disposition is redesignated as a per curiam opinion and is filed concurrently herewith.

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