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BROWN v. LAMBERT

No. 04-35998.

451 F.3d 946 (2006)

Cal Coburn BROWN, Petitioner-Appellant, v. John LAMBERT, Superintendent of Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2005.

Amended June 19, 2006.

Attorney(s) appearing for the Case

Suzanne Elliott and Gilbert H. Levy, Seattle, WA, for the petitioner-appellant.

Rob McKenna, Attorney General, and John J. Samson, Assistant Attorney General, Criminal Justice Division, Olympia, WA, for the respondent-appellee.

Before STEPHEN REINHARDT, ALEX KOZINSKI and MARSHA S. BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

KOZINSKI, Circuit Judge.

ORDER

The opinion filed December 8, 2005, and reported at 431 F.3d 661, is withdrawn, and is replaced by the Amended Opinion, 04-35998, filed concurrently herewith. The petition for rehearing is otherwise denied.

A judge requested a vote on whether to rehear this case en banc, but a majority of the non-recused...

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