Chambers v. McDaniel

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROGER M. CHAMBERS,  No. 07-15773 Petitioner-Appellant, D.C. No. v.  CV-04-073-RCJ- E.K. MCDANIEL, VPC Respondent-Appellee.  OPINION Appeal from the United States District Court for the District of Nevada Robert C. Jones, District Judge, Presiding Argued and Submitted June 10, 2008—San Francisco, California Filed December 9, 2008 Before: J. Clifford Wallace and Susan P. Graber, Circuit Judges, and Robert J. Timlin,* District Judge. Opinion by Judge Timlin; Dissent by Judge Wallace *The Honorable Robert J. Timlin, United…