JAMES LOMBARDO, — v. BRUCE WARNER, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE OREGON DEPARTMENT OF TRANSPORTATION, —

371 F.3d 538

James LOMBARDO, Plaintiff — Appellant,

v.

Bruce WARNER, in his official capacity as Director of the Oregon Department of Transportation, Defendant — Appellee.

No. 02-35269.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2004.

Alan R. Herson, Jacksonville, OR, for Plaintiff-Appellant.

Richard D. Wasserman, Asst. Atty. Gen., Janet A. Metcalf, Office of the Attorney General, Salem, OR, for Defendant-Appellee.

Before SCHROEDER, Chief Judge.

ORDER

SCHROEDER, Chief Judge.

1

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be…