Court of Appeals for the Ninth Circuit May 15, 2009, 06-15977 (Byrd v. Lewis)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TIMOTHY LEE BYRD, 

Petitioner-Appellant,

v. No. 06-15977

GAIL LEWIS, WARDEN, PLEASANT

VALLEY STATE PRISON; EDMUND G.  D.C. No.

CV-02-02013-MCE

BROWN, ATTORNEY

OPINION

GENERAL FOR THE STATE OF

CALIFORNIA,

Respondents-Appellees.



Appeal from the United States District Court

for the Eastern District of California

Morrison C.