Moore v. Czerniak

Volume 1 of 3 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RANDY JOSEPH MOORE,  No. 04-15713 Petitioner-Appellant, D.C. No. v. STAN CZERNIAK, Superintendent of  CV-01-01795- AJB/JMS OSP, ORDER AND Respondent-Appellee.  OPINION Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding Argued and Submitted March 10, 2005—Portland, Oregon Filed July 28, 2009 Before: Stephen Reinhardt, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges. Order; Opinion by Judge Reinhardt; Concurrence by Judge Berzon; Dissent by Judge…