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LOPEZ v. BREWER

No. 12-16084.

680 F.3d 1084 (2012)

Samuel Villegas LOPEZ, Plaintiff-Appellant, v. Janice K. BREWER, Governor of Arizona; Charles L. Ryan, Director, Arizona Department of Corrections; Ron Credio, Warden, Arizona Department of Corrections-Eyman; Lance R. Hetmer, named as: Lance Hetmer/Warden, Arizona Department of Corrections-Florence; Unknown Parties, named as: IV Team Leader; IV Team Members 1-5; Special Operations Team Leader; Special Operations Team Recorder; Special Operations Team Members 1-5; and Does 1-25, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

Dale A. Baich, Esquire , Assistant Federal Public Defender, Robin C. Konrad, Esquire , Assistant Federal Public Defender, Federal Public Defender's Office, Phoenix, AZ, Kelley J. Henry , Assistant Federal Public Defender, Federal Public Defender, Nashville, TN, Denise Irene Young , Denise I. Young , Tucson, AZ, for Plaintiff-Appellant.

Kent Ernest Cattani , Chief Counsel, Michael E. Gottfried , Jeffrey A. Zick, Esquire , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Defendants-Appellees.

Order; Concurrence by Chief Judge KOZINSKI; Dissent by Judge PREGERSON; Dissent by Judge REINHARDT.

AMENDED ORDER

A panel of this Court issued an opinion affirming the district court's denial of petitioner's motion for a preliminary injunction and denying his motion for a stay of execution. Petitioner filed a petition for rehearing and rehearing en banc. The Warden elected not to file an optional response.

Pursuant to the rules applicable to capital cases when an execution date has been scheduled, a deadline was established by which any judge could request...

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