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McGUIRE v. ESTELLE

No. 87-2522.

919 F.2d 578 (1990)

Mark Owen McGUIRE, Plaintiff-Appellant, v. Wayne ESTELLE, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 23, 1990.

ORDER

The panel has voted to deny the petition for rehearing and reject the suggestion for rehearing en banc. Judges Kozinski and Trott would grant the suggestion for rehearing en banc.

The full court has been advised of the suggestion for an en banc. An active judge requested a vote on whether to rehear the matter en banc. The request failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P...

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