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PORTER v. BOWEN

No. 06-55517.

518 F.3d 1181 (2008)

Alan PORTER; Patrick Kerr; Steven Lewis; William J. Cody, Plaintiffs-Appellants, v. Debra BOWEN, in her official capacity as California Secretary State; Bill Jones, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2008.

Attorney(s) appearing for the Case

Peter J. Eliasberg, Esq., ACLU Foundation of Southern California, Los Angeles, CA, David Blair-Loy, Esq., ACLU Foundation of San Diego and Imperial Counties, San Diego, CA, Lisa J. Danetz, Esq., Demos: A Network for Ideas and Action, Boston, MA, for Plaintiffs-Appellants.

Einer Elhauge, Esq., Attorney at Law Harvard Law School, Cambridge, MA, Zackery P. Morazzini, Esq., Kathyrn L. Probasco, Esq., Office of the California Attorney General (SAC), Sacramento, CA, for Defendants-Appellees.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and RICARDO S. MARTINEZ, District Judge.

Order; Dissent by Judge KLEINFELD.

ORDER

Judges Fisher and Clifton voted to deny the petition for rehearing en banc and Judge Martinez so recommends.

The full court was advised of the petition 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 consideration. Fed. R.App. P. 35.

The petition for rehearing...

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