Aubry Johnson v. A. Gill

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AUBRY REA JOHNSON, No. 15-16400 Petitioner-Appellant, D.C. No. v. 1:12-cv-02043-AWI-MJS A. GILL, Warden, Respondent-Appellee. OPINION Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, Senior District Judge, Presiding Argued and Submitted May 18, 2017 San Francisco, California Filed February 20, 2018 Before: Richard C. Tallman and Sandra S. Ikuta, Circuit Judges, and Solomon Oliver, Jr.,* Chief District Judge. Opinion by Judge Ikuta; Dissent by Chief District Judge Oliver *…