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JAMES v. RYAN

No. 08-99016.

679 F.3d 780 (2012)

Steven Craig JAMES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 29, 2012.

Attorney(s) appearing for the Case

Gary T. Lowenthal , Santa Fe, NM, Thomas James Phalen , Phoenix, AZ, for the petitioner.

Kent Ernest Cattani , Arizona Attorney General's Office, Phoenix, AZ, Amy Pignatella Cain , Arizona Attorney General's Office, Tucson, AZ, for the respondent.

Before: WILLIAM A. FLETCHER, MARSHA S. BERZON, and MILAN D. SMITH, JR., Circuit Judges.

ORDER

W. FLETCHER, Circuit Judge:

This court's Opinion filed October 12, 2011, and reported at 659 F.3d 855 (9th Cir.2011), is withdrawn, and is replaced by the attached Opinion.

With the filing of the new Opinion, the panel votes unanimously to deny the petition for rehearing and the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge of the...

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