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FARRAKHAN v. WASHINGTON

No. 01-35032.

359 F.3d 1116 (2004)

Muhammad Shabazz FARRAKHAN, individually aka Ernest S. Walker; Marcus X. Price, individually; Ramon Barrientes, individually; Timothy Schaaf, individually; Clifton Briceno, individually; Al-Kareem Shaheed, individually, Plaintiffs-Appellants, v. State of WASHINGTON, Gary Locke, in his official capacity as Governor of the State of Washington; Sam Reed, in his official capacity of Secretary of State and Chief Election Officer for the State of Washington; Joseph Lehman, in his official capacity as Secretary of the Department of Corrections of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2004.

Attorney(s) appearing for the Case

Lawrence A. Weiser, University Legal Assistance, Spokane, WA, Jason T. Vail, Northwest Justice Project, Seattle, WA, Dennis C. Cronin, Law Office of D.C. Cronin, Spokane, WA, for Plaintiffs-Appellants.

Jeffrey T. Even, Office of the Attorney General, Daniel J. Judge, AGWA-Office of the Washington Attorney General, Olympia, WA, for Defendants-Appellees.

Before Harlington WOOD, Jr., Dorothy W. NELSON, and Richard A. PAEZ, Circuit Judges.

Order: Dissent by Judge KOZINSKI.

ORDER

The panel has voted to deny the petition for panel rehearing and petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. FED. R. APP. P. 35.

The petition for rehearing en banc...

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