SHAW v. TERHUNE

No. 02-16829.

380 F.3d 473 (2004)

Jonathan C. SHAW, Petitioner-Appellant, v. Cal TERHUNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2003.

Amended Opinion Filed August 10, 2004.


Attorney(s) appearing for the Case

Suzanne A. Luban, Oakland, CA, for the appellant.

Christopher W. Grove, Deputy Attorney General, San Francisco, CA, for the appellee.

Before WALLACE, HALL, and O'SCANNLAIN, Circuit Judges.


ORDER AND AMENDED OPINION

ORDER

The opinion filed December 22, 2003, is hereby amended and the dissent shall be withdrawn. The Clerk shall file the attached amended opinion.

With the filing of this opinion, the panel has voted to deny appellant's petition for panel rehearing. Judge O'Scannlain has voted to deny the petition for rehearing en banc and Judges Wallace and Hall have recommended denial. The full court has been advised of the petition...

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