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SUMMERLIN v. STEWART

No. 98-99002.

310 F.3d 1221 (2002)

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

United States Court of Appeals, Ninth Circuit.

November 22, 2002.

Attorney(s) appearing for the Case

Ken Murray, Esq., Phoenix, AZ, Petitioner-Appellant.

John Presley Todd, Phoenix, AZ, Respondent-Appellee.

Before SCHROEDER, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court1, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the...

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