COOPER v. WOODFORD

No. 04-70578.

358 F.3d 1117 (2004)

Kevin COOPER, Petitioner, v. Jeanne WOODFORD, Warden, San Quentin State Prison, San Quentin, California, Respondent.

United States Court of Appeals, Ninth Circuit.

February 9, 2004.


Order; Partial Concurrence and Partial Dissent by Judge SILVERMAN; Dissent by Judge TALLMAN.

ORDER

A judge of this Court called for en banc review of the February 8, 2004, three-judge panel order in this case. A majority of the non-recused judges has voted in favor of en banc review of petitioner Kevin Cooper's application to file a second or successive petition for a writ of habeas corpus in the district court. See 28 U.S.C. § 2244(b)(3)(A)...

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