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BELMONTES v. STOKES

No. 01-99018.

427 F.3d 663 (2005)

Fernando BELMONTES, Jr., Petitioner-Appellant, v. John STOKES, Warden, for the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 24, 2005.

Attorney(s) appearing for the Case

Christopher H. Wing, Esq., Sacramento, CA, Eric S. Multhaup, Esq., Mill Valley, CA, for Petitioner-Appellant.

Mark Anthony Johnson, Esq., AGCA — Office of the California Attorney General, Department of Justice, Sacramento, CA, for Respondent-Appellee.

Before REINHARDT, O'SCANNLAIN, and PAEZ, Circuit Judges.

ORDER

CALLAHAN, Circuit Judge, with whom O'SCANNLAIN, KLEINFELD, GOULD, TALLMAN, BYBEE and BEA, Circuit Judges, join, dissenting from denial of rehearing en banc:

A judge requested a vote on whether to rehear this case en banc. The case failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35. The request for rehearing en banc is denied.

I respectfully again dissent from a denial...

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