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OSBAND v. WOODFORD

No. 00-99016.

290 F.3d 1036 (2002)

Lance Ian OSBAND, Petitioner-Appellee, v. Jeanne WOODFORD, Warden of the California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2002.

Attorney(s) appearing for the Case

Ward Campbell, Attorney General's Office, Sacramento, CA, for the respondent-appellant.

Connie Marie Alvarez, Sacramento, CA, for the petitioner-appellee.

Before POLITZ, W. FLETCHER, and FISHER, Circuit Judges.

ORDER

WILLIAM A. FLETCHER, Circuit Judge.

This court's opinion filed on March 6, 2002, and published at 282 F.3d 1125 (9th Cir.2002), is withdrawn and replaced by the attached opinion.

With the filing of this new opinion, the panel has voted unanimously to deny the petition for rehearing. Judges W. Fletcher and Fisher have voted to deny the petition for rehearing en banc, and Judge Politz so recommends.

The...

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