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BELMONTES v. AYERS

No. 01-99018.

551 F.3d 864 (2008)

Fernando BELMONTES, Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden for the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 30, 2008.

Attorney(s) appearing for the Case

Eric S. Multhaup, Mill Valley, CA, Christopher H. Wing, Sacramento, CA, for Petitioner-Appellant.

Mark Anthony Johnson, AGCA-Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN and RICHARD A. PAEZ, Circuit Judges.

ORDER

Judges Reinhardt and Paez voted to deny the Respondent-Appellee's petition for rehearing and rehearing en banc. Judge O'Scannlain voted to grant the petition for rehearing and rehearing en banc.

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 reconsideration. FED...

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