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SMITH v. CLARK

No. 14-15162.

804 F.3d 983 (2015)

Jovan'z SMITH, Petitioner-Appellant, v. Ken CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 22, 2015.

Attorney(s) appearing for the Case

Eric Martin Weaver , Law Offices of Eric M. Weaver, Albany, CA, for Petitioner-Appellant.

Karen Z. Bovarnick , Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, San Francisco, CA, for Respondent-Appellee.

Order; Dissent by Judge FLETCHER; Concurrence by Judge CALLAHAN and Judge M. SMITH.

ORDER

A sua sponte call for a vote on rehearing this case en banc was made by an active judge of this court. The call failed to receive a majority of the votes of the nonrecused active judges. Fed. R.App. P. 35. The sua sponte en banc call is rejected. Judge Fletcher's dissent from denial of rehearing en banc and Judge Callahan and Judge Smith's concurrence in denial of rehearing en banc are filed concurrently with this Order.

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