KELLY v. SMALL

No. 99-56673.

315 F.3d 1063 (2003)

Andreas KELLY, Petitioner-Appellant, v. Larry SMALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 27, 2002.

Amended January 14, 2003.


Attorney(s) appearing for the Case

Wayne R. Young, Santa Monica, CA, for the petitioner-appellant.

Alan D. Tate, Deputy Attorney General, Los Angeles, CA, for the respondents-appellees.

Before: LAY, CANBY and PAEZ, Circuit Judges.


ORDER

The opinion filed August 27, 2002, and appearing at 300 F.3d 1159 (9th Cir.2002) is amended. The amended opinion is filed herewith.

Petitioner's motion to withdraw his motion to file a pro se petition for panel and en banc rehearing is granted.

The panel has voted unanimously to deny the respondent's petition for panel rehearing. Judge Paez has voted to deny respondent's petition for en banc rehearing, and...

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