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VALDIVIA v. SCHWARZENEGGER

No. 08-15889.

623 F.3d 849 (2010)

Jerry VALDIVIA, Alfred Yancy, and Hossie Welch, on their own behalf and on behalf of the class of all persons similarly situated, Plaintiffs-Appellees, v. Arnold SCHWARZENEGGER, California, Governor of the State of Sacramento California, and the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

September 28, 2010.

Attorney(s) appearing for the Case

Alex Louis Landon , Law Offices of Alex Landon, Mark F. Adams , Michael Joseph McCabe, Esquire, Law Offices of Michael J. McCabe, Stephen J. Perrello, Esquire , Law Offices of Stephen J. Perrello, San Diego, CA, Michael William Bien, Esquire , Shirley Huey , Holly MacLeish Baldwin , Ernest Galvan , Rosen Bien & Galvan, LLP, Kristen Ann Palumbo, Esquire , Geoffrey Thomas Holtz , Bingham McCutchen, LLP San Francisco, CA, Donald Specter, Esquire , Prison Law Office, Berkeley, CA, for Plaintiffs-Appellees.

Vickie P. Whitney , Office of the California Attorney General, Sacramento, CA, for Defendants-Appellants.

Before: JOHN T. NOONAN, MICHAEL DALY HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

ORDER

Judge Noonan recommended granting Appellants' Petition for Rehearing En Banc. Judge Hawkins recommended denying the Petition. Judge M. Smith voted to deny the Petition. The full court was advised of the Petition for Rehearing En Banc and a judge of the court requested a vote on whether to rehear the case en banc. The en banc call failed to receive a majority of votes by active judges in favor of en banc consideration. Fed. R.App. P. 35.

The Petition...

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