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BYRD v. LEWIS

No. 06-15977.

566 F.3d 855 (2009)

Timothy Lee BYRD, Petitioner-Appellant, v. Gail LEWIS, Warden, Pleasant Valley State Prison; Edmund G. Brown, Attorney General for the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted May 8, 2009.

Filed May 15, 2009.

Attorney(s) appearing for the Case

Krista Hart (briefed and argued), Sacramento, CA, for the petitioner-appellant.

Edmund G. Brown Jr. (briefed), Dane R. Gillette (briefed), Michael P. Farrell (briefed), Carlos A. Martinez (briefed), and Wanda Hill Rouzan (briefed and argued), Sacramento, CA, for the respondent-appellee.

Before: J. CLIFFORD WALLACE and JOHNNIE B. RAWLINSON, Circuit Judges, and JANE A. RESTANI, Judge.

ORDER

This case is resubmitted for decision on May 8, 2009. The accompanying majority and concurring opinions supersede the withdrawn majority and concurring/dissenting opinions filed on December 11, 2007 and published at 510 F.3d 1045. The pending petition for rehearing and suggestion for rehearing en banc are dismissed as moot. The parties may file petitions for rehearing and/or rehearing...

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