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KAYER v. RYAN

No. 09-99027.

944 F.3d 1147 (2019)

George Russell KAYER, Petitioner-Appellant, v. Charles L. RYAN, Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 18, 2019.

Attorney(s) appearing for the Case

Jennifer Y. Garcia (argued) and Emma L. Smith , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; for Petitioner-Appellant.

John Pressley Todd (argued), Special Assistant Attorney General; Jacinda A. Lanum , Assistant Attorney General; Lacey Stover Gard , Chief Counsel; Dominic Draye , Solicitor General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Dissent by Judge Bea.

ORDER

Judges W. Fletcher and Friedland voted to deny the petition for panel rehearing and rehearing en banc. Judge Owens voted to grant the petition for panel rehearing and rehearing en banc.

The full court has been advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of the votes of non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35...

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