Moore v. Czerniak

Volume 1 of 2 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RANDY JOSEPH MOORE,  Petitioner-Appellant, No. 04-15713 v.  D.C. No. CV-01-01795-ST STAN CZERNIAK, Superintendent of OSP, OPINION Respondent-Appellee.  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, 2008 Before: Stephen Reinhardt, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges. Opinion by Judge Reinhardt; Concurrence by Judge Berzon; Dissent by Judge Bybee 9397 MOORE v.…