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HENRY v. RYAN

No. 09-99007.

766 F.3d 1059 (2014)

Graham S. HENRY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 4, 2014.

Attorney(s) appearing for the Case

Robin C. Konrad, Esquire , Assistant Federal Public Defender, Dale A. Baich, Esquire , Assistant Federal Public Defender, FPDAZ-Federal Public Defender's Office, Phoenix, AZ, for Petitioner-Appellant.

Jonathan Bass , Lacey Stover Gard , Assistant Attorney General, AGAZ-Office of the Arizona Attorney General, Tucson, AZ, Jeffrey A. Zick, Esquire , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent-Appellee.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The April 8, 2014, three judge panel order denying Henry's motion to reconsider the panel's November 1, 2013, order denying the petition for panel rehearing shall not be cited as precedent by or to any court of the Ninth Circuit.

Judges MURGUIA...

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