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KITTEL v. THOMAS

No. 09-35630.

620 F.3d 949 (2010)

William KITTEL, Petitioner-Appellant, v. J.E. THOMAS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2010.

Amended September 7, 2010.

Attorney(s) appearing for the Case

Stephen R. Sady and Lynn Deffebach , Office of the Federal Public Defender, District of Oregon, Portland, OR, for the petitioner-appellant.

Suzanne A. Bratis , United States Attorney's Office, District of Oregon, Portland, OR, for the respondent-appellee.

Before: DAVID R. THOMPSON and M. MARGARET McKEOWN, Circuit Judges, and ROBERT J. TIMLIN, Senior District Judge.

McKEOWN, Circuit Judge:

ORDER

The Opinion filed July 2, 2010, slip op. 9507, is amended as follows:

At slip op. 9512, at the end of the first paragraph, after the cite to Pacheco-Camacho v. Hood, insert the following: "See also Reynolds v. Thomas, 603 F.3d 1144 (9th Cir.2010) (citing Gunderson and Mujahid and considering the live, justiciable question of whether the BOP erred in denying...

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