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DAVIS v. WOODFORD

No. 01-99014.

384 F.3d 628 (2004)

Larry David DAVIS, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2003.

Amended September 21, 2004.

Attorney(s) appearing for the Case

Tracy J. Dressner, La Crescenta, CA, and Terry J. Amdur, Pasadena, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Carol F. Jorstad, Deputy Attorney General, Louis W. Karlin, Deputy Attorney General, and Shawn McGahey Webb, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before B. FLETCHER, KLEINFELD, and McKEOWN, Circuit Judges.

ORDER AND AMENDED OPINION

McKEOWN, Circuit Judge.

ORDER

A majority of the panel has voted to deny the petition for rehearing and to deny the petition for rehearing en banc. Judge Fletcher votes to grant the petition for rehearing and so recommends with respect to the petition for rehearing en banc, in accord with the attached dissent. The opinion filed on June 24, 2003, shall be amended to incorporate Judge Fletcher's dissent.

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