The Ninth Circuit Court of Appeals today released an order in PHILLIPS v. HUST, No. 04-36021, a prisoner appeal. The panel consisted of James R. Browning, Dorothy W. Nelson, and Diarmuid F. O’Scannlain, Circuit Judges.

Our September 14, 2007 order denying the petition for rehearing and petition for rehearing en banc, and the accompanying dissent, are hereby designated for publication. 13571 . . .

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