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EARP v. ORNOSKI

No. 03-99005.

431 F.3d 1158 (2005)

Ricky Lee EARP, Petitioner-Appellant, v. S.W. ORNOSKI, Warden, of California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2005.

Amended December 16, 2005.

Attorney(s) appearing for the Case

Robert S. Gerstein, Santa Monica, CA, for the petitioner-appellant.

Dean R. Gits, Office of the Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.

James William Bilderback II, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before FARRIS, D.W. NELSON, and TALLMAN, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC AND AMENDED OPINION.

ORDER

The opinion filed September 8, 2005, slip opinion at 12700 and published at 423 F.3d 1024 (9th Cir.2005), is amended by the opinion filed concurrently with this order. With these amendments, the panel has voted to deny the petition for rehearing and the petition for rehearing en banc filed by the Appellant...

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