No. 07-17265.

627 F.3d 338 (2010)

Paul Eric HEBBE, Plaintiff-Appellant, v. Cheryl PLILER, Warden, CSP Sacramento; Steven Vance, Correctional Captain, CSP Sacramento, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2010.

Amended November 19, 2010.

Attorney(s) appearing for the Case

Michael G. Williams (argued), U.C.L.A. School of Law Ninth Circuit Clinic, Los Angeles, CA, supervised by Charles C. Lifland , Jeremy Maltby , Catalina Joos Vergara (argued), O'Melveny & Myers, LLP, Los Angeles, CA, for the plaintiff-appellant.

Edmund G. Brown, Jr. , Rochelle C. East , David Carrasco (argued), Office of the California Attorney General, Sacramento, CA, for the defendants-appellees.

Opinion by Judge REINHARDT; Concurrence by Judge FRIEDMAN.


The opinion filed on July 29, 2010, and reported at 611 F.3d 1202, is hereby amended so as to conform with the amended opinion filed herewith. The concurring opinion filed on that date remains unchanged.

The petition for rehearing en banc remains pending before the court and shall be deemed to apply to the amended opinion, unless within 14 days of the date of this order the appellees withdraw or amend their petition...


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