Whaley v. Belleque

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LESLIE WHALEY,  Petitioner-Appellant, No. 06-35759 v. BRIAN BELLEQUE, SUPERINTENDENT,  D.C. No. CV-05-00090-GMK OREGON DEPARTMENT OF OPINION CORRECTIONS, Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Garr M. King, District Judge, Presiding Argued and Submitted July 11, 2007—Portland, Oregon Filed March 24, 2008 Before: Stephen Reinhardt, Circuit Judge; Cynthia Holcomb Hall, Senior Circuit Judge; Milan D. Smith, Jr., Circuit Judge. Opinion by Judge Reinhardt; Dissent by Judge…