FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CRAIG CLIFFORD BUSCH,  Petitioner-Appellant, No. 06-16154 v. D.C. No. JEANNE S. WOODFORD, in her CV-04-04157-MJJ capacity as Director of the  Northern District California Department of of California, Corrections; JOSEPH L. MCGRATH, San Francisco Warden, in his capacity as ORDER Warden, Pelican Bay State Prison, Respondents-Appellees.  Filed November 13, 2007 Before: J. Clifford Wallace, Richard D. Cudahy,* and M. Margaret McKeown, Circuit Judges.

ORDER The opinion filed on August 29, 2007 is hereby withdrawn.

Appellant’s Petition for Panel Rehearing and for Modification of Published Opinion is rendered moot. A modified opinion will be filed at a later date.

*The Honorable Richard D. Cudahy, Senior United States Circuit Judge for the Seventh Circuit, sitting by designation.

14791 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.