FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FRANK MARVIN PHILLIPS,  No. 04-36021 Plaintiff-Appellee, D.C. No. v. CV-01-01252-ALH LYNN HUST, Library Staff, District of Oregon, Defendant-Appellant. Portland ORDER  DESIGNATING FOR PUBLICATION DENIAL OF PETITION FOR REHEARING AND PETITION FOR REHEARING  EN BANC Filed October 9, 2007 Before: James R. Browning, Dorothy W. Nelson, and Diarmuid F. O’Scannlain, Circuit Judges.

ORDER Our September 14, 2007 order denying the petition for rehearing and petition for rehearing en banc, and the accom- panying dissent, are hereby designated for publication.

13571 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 © 2007 Thomson/West.