FILED FOR PUBLICATION NOV 21 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

RICHARD DALE STOKLEY, No. 09-99004 Petitioner - Appellant, D.C. No. 4:98-CV-00332-FRZ District of Arizona, v. Tucson CHARLES L. RYAN, ORDER Respondent - Appellee.

Before: McKEOWN, PAEZ, and BEA, Circuit Judges.

The Order issued on November 15, 2012, is withdrawn and an Amended Order is filed concurrently with this order. With that amendment, Judges McKeown and Bea vote to deny Stokley's petition for panel rehearing and Judge Paez votes to grant the petition. No further petitions for panel rehearing will be entertained.