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BENNETT v. MUELLER

No. 00-56199.

322 F.3d 573 (2003)

Joseph Murl BENNETT, Petitioner-Appellant, v. Glen MUELLER, Warden; Cal Terhune, Director; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Petition for Rehearing Granted May 31, 2002.

Resubmitted July 9, 2002.

As Amended on Denial of Rehearing March 4, 2003.

Attorney(s) appearing for the Case

Tina Long Rippy, Esq., Attorney at Law, Whittier, California, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California; David P. Druliner, Chief Assistant Attorney General; Marc E. Turchin, Acting Senior Assistant Attorney General; Marc J. Nolan, Deputy Attorney General; Gary A. Lieberman, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before BRUNETTI, RYMER, and WARDLAW, Circuit Judges.

As Amended on Denial of Rehearing En Banc March 4, 2003.

ORDER

WARDLAW, Circuit Judge:

The opinion published at 296 F.3d 752 (9th Cir.2002) is hereby AMENDED as follows:

Page 760, ¶ 3: Delete the sentence beginning "While it is true" to the end of the paragraph (including fn.2), and replace with the following:

Because the California Supreme Court set out to create a rule that would be consistently...

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