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SLOVIK v. YATES

No. 06-55867.

556 F.3d 747 (2009)

Michael SLOVIK, Petitioner-Appellant, v. James A. YATES, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2009.

Attorney(s) appearing for the Case

Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, CA, for the petitioner-appellant.

Garrett Beaumont, Deputy Attorney General of the State of California, San Diego, CA, for the respondent-appellee.

Before: WILLIAM C. CANBY, JR., ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The Opinion filed October 6, 2008, slip op. 14145, and appearing at 545 F.3d 1181 (9th Cir.2008), is hereby amended. The amended opinion is filed concurrently with this Order.

With these amendments, the panel judges have voted to deny Appellee's petition for rehearing. Judges Kleinfeld and Bybee voted to deny the petition for rehearing en...

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