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JOHNSON v. CALIFORNIA

No. 01-56436.

336 F.3d 1117 (2003)

Garrison S. JOHNSON, Plaintiff-Appellant, v. State of CALIFORNIA; James H. Gomez, Director, Department of Corrections; James Rowland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 28, 2003.

Attorney(s) appearing for the Case

Lois D. Thompson, Aaron P. Allan, Tanya L. Forsheit, Proskauer Rose, LLP, Los Angeles, CA, and Jeffrey Thomas Garcia Hilger, Jeffrey T.G. Hilger Law Offices, Culver City, CA, for Plaintiff-Appellant.

Sara Turner, San Francisco, CA, for Defendants-Appellees.

Before: HUG, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

PER CURIAM Order; Dissent by Judge FERGUSON.

ORDER

The panel has voted unanimously to deny the petition for rehearing. Judge O'Scannlain voted to deny the petition for rehearing en banc, and Judges Hug and Brunetti so recommended.

The full court was advised of the Suggestion for Rehearing En Banc. A judge of this court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused...

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