FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL D. BRAMBLES,  No. 01-55716 Petitioner-Appellant, D.C. No. v. CV-00-08180- W. A. DUNCAN, Warden; C. A.  MMM TERHUNE, Director, California ORDER Department of Corrections, WITHDRAWING Respondents-Appellees.  OPINION Filed April 11, 2005 Before: David R. Thompson and Johnnie B. Rawlinson, Circuit Judges, and William W Schwarzer,* Senior District Judge.

ORDER The previous opinion filed June 3, 2003, slip op. page 7173, amended September 2, 2003, slip op. page 12539, and appearing at 330 F.3d 1197 (9th Cir. 2003), is withdrawn. It may not be cited as precedent by or to this court or any dis- trict court of the Ninth Circuit.

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation.

4121 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.