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YEE v. DUNCAN

No. 05-55265.

463 F.3d 893 (2006)

Randall Allan YEE, Petitioner-Appellee, v. Bill DUNCAN, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2006.

Attorney(s) appearing for the Case

Barry J.T. Carlton, Deputy Attorney General, San Diego, CA, for the respondent-appellant.

Randall Allan Yee, Pro Se, San Luis Obispo, CA, for the petitioner-appellee.

Before ALEX KOZINSKI, STEPHEN S. TROTT, and CARLOS T. BEA, Circuit Judges.

ORDER WITHDRAWING OPINION AND OPINION

TROTT, Circuit Judge.

ORDER

The Opinion filed on March 28, 2006, and reported at 441 F.3d 851 (9th Cir. 2006), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

With this action, the previous opinion filed March 28, 2006, becomes inoperative and the pending petition for rehearing and petition for rehearing...

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