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KIPP v. DAVIS

No. 16-99004.

986 F.3d 1281 (2021)

Martin James KIPP, Petitioner-Appellant, v. Ronald DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2021.

Attorney(s) appearing for the Case

Cuauhtemoc Ortega , Federal Public Defender; Celeste Bacchi and Mark R. Drozdowski , Deputy Federal Public Defenders; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Xavier Becerra , Attorney General; Lance E. Winters , Chief Assistant Attorney General; James William Bilderback II , Senior Assistant Attorney General; Holly D. Wilkens , Supervising Deputy Attorney General; Randall D. Einhorn , Deputy Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Statement by Judge O'Scannlain.

ORDER

A judge of this court sua sponte requested a vote on whether to rehear this case en banc. The matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. Fed. R. App. P. 35. Rehearing en banc is DENIED.

Attached are Judge Paez's and Judge Miller's concurrences to and Judge Ikuta's and Judge VanDyke's dissents from the denial of rehearing en banc, and Judge O'Scannlain's separate...

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