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PEARSON v. MUNTZ

No. 08-55728.

625 F.3d 539 (2010)

Kenneth PEARSON, Petitioner-Appellee, v. Madelene A. MUNTZ, Acting Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Amended October 26, 2010.

Attorney(s) appearing for the Case

Marc Grossman , Law Offices of Marc E. Grossman, Upland, CA, for the petitioner-appellee.

Julie L. Garland , Senior Assistant Attorney General, San Diego, CA, and Amy M. Roebuck , Deputy Attorney General, San Diego, for the respondent-appellant.

Order; Dissent to Order by Judge IKUTA; PER CURIAM Opinion.

ORDER

The majority opinion filed May 24, 2010, slip op. 7791, and appearing at 606 F.3d 606 (9th Cir.2010), is hereby amended as follows:

1. slip op. at 7795, line 26 [606 F.3d at 608]: replace "... [must]" with "facing the same issue in the future need only". 2. slip op. at 7796, line 31 [606 F.3d at 609]: replace "Such was the case in Hayward. By holding...

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