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CUERO v. CATE

No. 12-55911.

850 F.3d 1019 (2017)

Michael Daniel CUERO, Petitioner-Appellant, v. Matthew CATE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2017.

Attorney(s) appearing for the Case

Devin Burstein (argued), Warren & Burstein, San Diego, California, for Petitioner-Appellant.

Anthony Da Silva (argued) and Matthew Mulford , Deputy Attorneys General; Julie L. Garland , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Kamala Harris , Attorney General of California; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Dissent by Judge Callahan

ORDER

Judges Silverman1 and Wardlaw have voted to deny the petition for panel rehearing and rehearing en banc. Judge O'Scannlain has voted to grant the petition for panel rehearing and 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. The matter failed to receive a majority of the votes...

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