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THOMPSON v. RUNNELS

No. 08-16186.

657 F.3d 784 (2011)

Antwion E. THOMPSON, Petitioner-Appellant, v. D.L. RUNNELS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2011.

Attorney(s) appearing for the Case

J. Bradley O'Connell , First District Appellate Project, San Francisco, CA, for the appellant.

Edmund G. Brown , Gerald A. Engler , Peggy S. Ruffra and Sharon G. Birenbaum , Office of the Attorney General of California, San Francisco, CA, for the appellees.

Order; Dissent to Order by Judge CALLAHAN; Opinion by Judge BERZON; Dissent by Judge IKUTA.

ORDER

Judge Goodwin and Judge Berzon voted to deny the petition for rehearing. Judge Berzon voted to deny the petition for rehearing en banc, and Judge Goodwin so recommended. Judge Ikuta voted to grant the petition for rehearing and the 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 rehear the matter en banc, and the matter failed to receive a majority of the votes...

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