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SUMMERLIN v. STEWART

No. 98-99002.

309 F.3d 1193 (2002)

Warren Wesley SUMMERLIN, Petitioner-Appellant, v. Terry L. STEWART, Director of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 4, 2002.

ORDER

In response to the Motion for Clarification, the Court notes that when a case is heard or reheard en banc, the en banc panel assumes jurisdiction over the entire case, see 28 U.S.C. § 46(c), regardless of the issue or issues that may have caused any member of the Court to vote to hear the case en banc. If the Court votes to hear or rehear a case en banc, the en banc panel may, in its discretion, choose to limit...

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