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IRONS v. CAREY

No. 05-15275.

506 F.3d 951 (2007)

Carl Merton IRONS, II, Petitioner-Appellee, U.S. Attorney General, Intervenor, v. Tom L. CAREY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

November 6, 2007.

Attorney(s) appearing for the Case

Ann C. McClintock, Esq., FPDCA — Federal Public Defender's Office, Sacramento, CA, for Petitioner-Appellee.

Nina Swift Goodman, Attorney, Bob Erickson, DOJ — U.S. Department of Justice, Criminal Division/Appellate Section, Washington, DC, for Intervenor.

Ronald S. Matthias, AGCA — Office of the California Attorney General, Oakland, CA, Patrick J. Whalen, Esq., Pamela B. Hooley, Esq., AGCA — Office of the California Attorney General, Sacramento, CA, for Respondent-Appellant.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and FERDINAND F. FERNANDEZ, Circuit Judges.

Order; Dissent by Judge KLEINFELD.

ORDER

The panel has voted to deny the petitions for rehearing and petitions for rehearing en banc.

The full court was advised of the petitions for rehearing en banc. 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 reconsideration. FED. R. APP. P. 35.

The petitions for rehearing and rehearing...

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