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COOPER v. BROWN

No. 05-99004.

565 F.3d 581 (2009)

Kevin COOPER, Petitioner-Appellant, v. Jill BROWN, California State, Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 11, 2009.

Attorney(s) appearing for the Case

David T. Alexander, Esquire, Mbv Law, LLP, George Yuhas, Orrick Herrington & Sutcliffe LLP, Ali Kazemi, Esquire, San Francisco, CA, Norman C. Hile, Orrick Herrington & Sutcliffe, LLP, Sacramento, CA, for Petitioner-Appellant.

Holly D. Wilkens, Esquire, Deputy Attorney General, Agca-Office of the California Attorney General, San Diego, CA, for Respondent-Appellee.

Dissent by Judge WILLIAM A. FLETCHER; Dissent by Judge WARDLAW; Dissent by Judge FISHER; Dissent by Judge REINHARDT; Concurrence by Judge RYMER.

ORDER

The panel has voted to deny the Petition for Rehearing and Petition for Rehearing En Banc.

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear 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 and the petition for rehearing en banc are DENIED.

...

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