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KING v. LAMARQUE

No. 05-15757.

464 F.3d 963 (2006)

James Edward KING, Petitioner-Appellant, v. A. LAMARQUE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion filed July 26, 2006.

Opinion Withdrawn September 20, 2006.

Filed September 20, 2006.

Attorney(s) appearing for the Case

Matthew Dale Alger, Clovis, CA, for the petitioner-appellant.

Lisa Ashley Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before ALFRED T. GOODWIN, STEPHEN REINHARDT, and MICHAEL DALY HAWKINS, Circuit Judges.

ORDER AND OPINION

HAWKINS, Circuit Judge.

ORDER

James Edward King's petition for rehearing and A. LaMarque's petition for rehearing are granted in part, without further oral argument. The Opinion and separate concurring Opinion, filed on July 26, 2006 and reported at 455 F.3d 1040(9th Cir.2006), are withdrawn and superceded by the Opinion filed concurrently with this Order. The previous Opinion may not be cited...

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