FILED FOR PUBLICATION OCT 07 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT EDWARD HAROLD SCHAD, No. 13-16895 Petitioner - Appellant, D.C. No. 2:97-cv-02577-ROS District of Arizona, v. Phoenix CHARLES L. RYAN, Director, Arizona Department of Corrections, ORDER Respondent - Appellee.

Before: SCHROEDER, REINHARDT, and GRABER, Circuit Judges.

Judge Schroeder and Judge Graber have voted to deny the petition for panel rehearing and to deny the motion for a stay of execution. Judge Reinhardt voted to grant the petition for panel rehearing and to grant the motion for a stay of execution. Accordingly, the petition for panel rehearing and the motion for a stay of execution are denied.