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FORD v. PEERY

No. 18-15498.

999 F.3d 1214 (2021)

Keith Undray FORD, Petitioner-Appellant, v. Suzanne M. PEERY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2021.

Attorney(s) appearing for the Case

Barry Morris (argued), Walnut Creek, California, for Petitioner-Appellant.

Kristin Liska (argued), Associate Deputy Solicitor General; Jill M. Thayer , Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Jeffrey M. Laurence , Senior Assistant Attorney General; Lance E. Winters , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Attorney General's Office, San Francisco, California; for Respondent-Appellee.

Partial Concurrence and Partial Dissent by Judge R. Nelson.

ORDER

Respondent-Appellee filed a petition for panel rehearing or rehearing en banc on December 11, 2020 (Dkt. Entry 74). We GRANT Respondent-Appellee's petition for panel rehearing. The opinion and dissent filed on September 28, 2020, and reported at Ford v. Peery, 976 F.3d 1032 (9th Cir. 2020), are withdrawn. Because we grant the petition for panel rehearing and withdraw our prior disposition, Respondent-Appellee's petition for rehearing en...

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