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MALONE v. CALDERON

Nos. 98-99035, 98-99036.

164 F.3d 1210 (1999)

Kevin Shelby MALONE, Petitioner-Appellant, v. Arthur CALDERON, Warden of the California State Prison, San Quentin, Respondent, State of Missouri, Intervenor-Appellee. Kevin Shelby Malone, Plaintiff-Appellant, v. Mel Carnahan, Governor of Missouri, Defendant-Appellee, Pete Wilson, Governor of California, Defendant-Appellee, Michael Bowersox, Superintendent, Potosi Correctional Center, Potosi, MO., Defendant-Appellee, Arthur Calderon, Warden of the California State Prison at San Quentin, CA., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 8, 1999.

ORDER

The panel has voted to deny appellant's emergency motion for reconsideration. Judges Kleinfeld and Hawkins vote to deny the motion for rehearing en banc and Judge Beezer so recommends.

The full court was advised of appellant's suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration...

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