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BEATY v. BREWER

No. 11-99007.

649 F.3d 1071 (2011)

Donald Edward BEATY, Plaintiff-Appellant, v. Janice K. BREWER, Governor of Arizona; Charles Ryan, Director, Arizona Department of Corrections; Ernest Trujillo, Warden, Arizona Department of Corrections-Eyman; Carson McWilliams, Warden, Arizona Department of Corrections-Florence; Unknown Parties, Names as Does 1-50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 25, 2011.

Attorney(s) appearing for the Case

Dale A. Baich, Esquire , Robin C. Konrad, Esquire , Assistant Federal Public Defenders, Jon M. Sands , Federal Public Defender, FPDAZ—Federal Public Defender's Office, Phoenix, AZ, Allen W. Burton , O'Melveny & Myers LLP, New York, NY, for Plaintiff-Appellant.

Kent Ernest Cattani , Chief Counsel, John Pressley Todd, Esquire , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Defendants-Appellees.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

ORDER

Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was established by which any judge could request a vote on whether the panel's order should be reheard en banc. A judge requested a vote on whether to rehear the panel's decision en banc. Judges Silverman and Ikuta were recused and did not participate in the vote.

A majority of the non-recused active...

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