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SMITH v. MITCHELL

No. 04-55831.

453 F.3d 1203 (2006)

Shirley Ree SMITH, Petitioner-Appellant, v. Gwendolyn MITCHELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 14, 2006.

Attorney(s) appearing for the Case

Michael J. Brennan, Esq., Manhattan Beach, CA, for Petitioner-Appellant.

Richard T. Breen, DAG, AGCA-Office of the California Attorney General, Los Angeles, CA, for Respondent-Appellee.

Before HARRY PREGERSON and WILLIAM C. CANBY, JR., Circuit Judges, and EDWARD C. REED, District Judge.

ORDER

PER CURIAM.

The panel voted to deny the petition for panel rehearing. Judge Pregerson has voted to deny the petition for rehearing en banc, and Judges Canby and Reed have so recommended.

The petition for en banc rehearing has been circulated to the full court. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration...

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