Derrick Loftis v. Almager

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DERRICK LOFTIS, No. 09-16884 Petitioner-Appellant, D.C. No. v. 1:07-cv-010603- JAH-LSP VICTOR ALMAGER, Warden Respondent-Appellee. OPINION Appeal from the United States District Court for the Eastern District of California John A. Houston, District Judge, Presiding Argued and Submitted February 16, 2012—San Francisco, California Filed December 11, 2012 Before: A. Wallace Tashima and Barry G. Silverman, Circuit Judges, and Lynn S. Adelman,* District Judge. Opinion by Judge Adelman; Concurrence by Judge Silverman; Dissent by…