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HARVEST v. CASTRO

No. 05-16879.

531 F.3d 737 (2008)

Joshua HARVEST, Petitioner-Appellant, v. Roy CASTRO, Warden, HDSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2008.

Amended July 9, 2008.

Attorney(s) appearing for the Case

Scott A. Sugarman, Sugarman & Cannon, San Francisco, CA, for the petitioner-appellant.

Jeremy E. Friedlander, Deputy Attorney General, State of California, San Francisco, CA, for the respondent-appellee.

Before: JOHN R. GIBSON, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

Respondent-appellee's petition for panel rehearing is granted and the opinion filed March 27, 2008, slip op. 3121, and reported at 520 F.3d 1055, is withdrawn and superseded by an amended opinion, filed concurrently with this order.

The petition for rehearing en banc is denied as moot. Subsequent petitions for panel rehearing and for rehearing...

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