No. 02-99000.

318 F.3d 1156 (2003)

Lawrence S. BITTAKER, Petitioner-Appellee, v. Jeanne S. WOODFORD, Warden, California State Prison of San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

January 29, 2003.


SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be heard by the en banc court pursuant to Circuit Rule 35-3.


1. Judge Trott was recused.


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