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PESNELL v. ARSENAULT

No. 04-56721.

531 F.3d 993 (2008)

David PESNELL, Plaintiff-Appellant, v. Jeffrey ARSENAULT, a natural person acting under color of federal law; Janet R. Lintz, a natural person acting under color of federal law; Thomas P. Gallagher, a natural person acting under the color of federal law; Douglas J. Morgan, a natural person acting under color of federal law, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2008.

Attorney(s) appearing for the Case

Ronald J. Tocchini and Jason M. Sherman, Tocchini & Associates PC, Roseville, CA, for the plaintiff-appellant.

Robert I. Lester and Sharla Cerra, Assistant United States Attorneys, Los Angeles, CA, for the defendants-appellees.

Opinion by Judge HUG; Concurrence by Judge CLIFTON.

ORDER AND OPINION

ORDER

Appellees' petition for rehearing and rehearing en banc is DENIED. The opinion and concurrence filed on June 21, 2007, and appearing at 490 F.3d 1158 (9th Cir. 2007) is withdrawn. The superseding opinion and concurrence will be filed concurrently with this order.

The parties may file new petitions for rehearing or rehearing en banc as provided by Federal Rule of Appellate Procedure 40.<...

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