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MARTINEZ v. CITY OF OXNARD

No. 00-56520.

354 F.3d 1168 (2004)

Oliverio MARTINEZ, Plaintiff-Appellee, v. CITY OF OXNARD; Oxnard Police Dept.; Art Lopez, Chief; Maria Pena; Andrew Salinas; Ron Zavala, Defendants, and Ben Chavez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 20, 2004.

Attorney(s) appearing for the Case

Mark Kenneth Flores, Heredia & Associates, Oxnard, CA, Sonia M. Mercado, Sonia Mercado & Associates, R. Samuel Paz, Esq., Culver City, CA, for Plaintiff-Appellee.

Alan E. Wisotsky, Law Offices of Alan E. Wisotsky, Oxnard, CA, for Defendants.

Jeffrey Held, Law Offices of Alan E. Wisotsky, Oxnard, CA, for Defendant-Appellant.

Sharon Swingle, Department of Justice, Washington, DC, for Amicus.

Before KIM McLANE WARDLAW, RICHARD A. PAEZ and RICHARD C. TALLMAN, Circuit Judges.

Order; Concurrence by Judge TALLMAN.

ORDER

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

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc is DENIED.

TALLMAN, Circuit Judge, concurring.

I agree with my colleagues that rehearing en banc is not warranted...

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