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LOCKHART v. TERHUNE

No. 99-16010.

250 F.3d 1223 (2001)

Michael Anthony LOCKHART, Petitioner-Appellant, v. C.A. TERHUNE, Director, California Department of Corrections; Gail Lewis, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2001

Amended April 27, 2001

Attorney(s) appearing for the Case

Albert J. Kutchins, Berkeley, California, for the petitioner-appellant.

Amy Haddix and Clifford K. Thompson, Jr., Office of the California Attorney General, San Francisco, California, for the respondents-appellees.

Before: Alfred T. GOODWIN, Susan P. GRABER, and Richard A. PAEZ, Circuit Judges.

Argued and Submitted January 8, 2001 — San Francisco, California

ORDER AND AMENDED OPINION

PAEZ, Circuit Judge:

ORDER

Our opinion in Lockhart v. Terhune, 243 F.3d 1130 (9th Cir.2001), is amended, and the Clerk is ordered to file the attached amended opinion.

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing. Judges Graber and Paez have voted to deny the petition for ...

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