United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

April 24, 2007

Before

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. ILANA DIAMOND ROVNER, Circuit Judge

Hon. ANN CLAIRE WILLIAMS, Circuit Judge

No. 05-3978

KEITH MILLER, Appeal from the United States District Petitioner-Apellant, Court for the Northern District of Indiana, Fort Wayne Division v. No. 1:04-CV-028-TS WALTER E. MARTIN, Respondent-Appellee Theresa L. Springmann, Judge.

ORDER

On the motion of the appellee, the opinion issued in the above-entitled case

on March 15, 2007 is hereby amended as follows:

On page 10, the last paragraph of Section II is hereby excised from the

opinion of the court.