Byrd v. Lewis, et al, No. 06-15977 (9th Cir. 2009)

Annotate this Case

Download PDF

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TIMOTHY LEE BYRD, Petitioner-Appellant, v. GAIL LEWIS, WARDEN, PLEASANT VALLEY STATE PRISON; EDMUND G. BROWN, ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA, Respondents-Appellees. ï£¼ ï£½ ï£¾ No. 06-15977 D.C. No. CV-02-02013-MCE Eastern District of California, Sacramento ORDER Filed May 15, 2009 Before: J. Clifford Wallace and Johnnie B. Rawlinson, Circuit Judges, and Jane A. Restani,* Judge. ORDER This case is resubmitted for decision on May 8, 2009. The accompanying majority and concurring opinions supersede the withdrawn majority and concurring/dissenting opinions filed on December 11, 2007 and published at 510 F.3d 1045. The pending petition for rehearing and suggestion for rehearing en banc are dismissed as moot. The parties may file petitions for rehearing and/or rehearing en banc of this superseding opinion in accordance with the Federal Rules of Appellate Procedure and the Rules of the United States Court of Appeals for the Ninth Circuit. *The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation. 5837 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.