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RAMIREZ v. SHINN

No. 10-99023.

971 F.3d 1116 (2020)

David Martinez RAMIREZ, Petitioner-Appellant, v. David SHINN, Director, Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2020.

Attorney(s) appearing for the Case

Paula K. Harms (argued) and Timothy M. Gabrielsen , Assistant Federal Public Defenders; Jon M. Sands , Federal Public Defender; Office of the Federal Public Defender, Tucson, Arizona; for Petitioner-Appellant.

John P. Todd (argued), Special Assistant Attorney General; W. Scott Simon , Assistant Attorney General; Lacey Stover Gard , Chief Counsel; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondent-Appellee.

Dissent by Judge Collins

ORDER

The panel has voted to deny the Respondent-Appellee's petition for rehearing. Chief Judge Thomas and Judge Berzon voted, and Judge Clifton recommended, to deny Respondent-Appellee's petition for 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 of the nonrecused active judges in favor of en banc consideration...

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