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MUSLADIN v. LAMARQUE

No. 03-16653.

427 F.3d 647 (2005)

Mathew MUSLADIN, Petitioner-Appellant, v. Anthony LAMARQUE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 21, 2005.

Attorney(s) appearing for the Case

David W. Fermino, Esq., Federal Public Defender's Office, San Francisco, CA, for Petitioner-Appellant.

Gregory A. Ott, Esq., Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

Before REINHARDT, THOMPSON, and BERZON, Circuit Judges.

ORDER

The petition for panel rehearing is DENIED.

The full court was advised of the suggestion for rehearing en banc. A judge of the court 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 request for rehearing en banc is DENIED.

KLEINFELD, Circuit Judge, with whom KOZINSKI, O'SCANNLAIN, TALLMAN...

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