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COOPER v. NEWSOM

No. 18-16547.

26 F.4th 1104 (2022)

Kevin COOPER; Albert Greenwood Brown; Ronald Lee Deere; Robert G. Fairbank; Anthony J. Sully, Plaintiffs-Appellees, v. Gavin NEWSOM; Scott Kernan, Secretary of the California Department of Corrections and Rehabilitation; Ronald Davis, Warden of San Quentin State Prison, Defendants-Appellees, v. San Bernardino County District Attorney; San Mateo County District Attorney; Riverside County District Attorney, Movants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2022.

Attorney(s) appearing for the Case

Robert P. Brown (argued), Chief Deputy District Attorney; James R. Second , Deputy District Attorney; Jason Anderson , District Attorney; District Attorney's Office, San Bernardino, California; Michael A. Hestrin , District Attorney; Ivy B. Fitzpatrick , Managing Deputy District Attorney; Office of the District Attorney, Riverside, California; Stephen M. Wagstaffe , San Mateo County District Attorney's Office, Redwood City, California; for Movants-Appellants.

John R. Grele (argued), Law Office of John R. Grele, San Francisco, California; David A. Senior , Sara Cobbra , and Ann K. Tria , McBreen & Senior, Los Angeles, California; Norman C. Hile , Orrick Herrington & Sutcliffe LLP, Sacramento, California; Richard P. Steinken , Jenner & Block, Chicago, Illinois; Margo Rocconi and Elizabeth Dahlstrom , Federal Public Defender's Office, Los Angeles, California; for Plaintiffs-Appellees.

Misha D. Igra (argued), Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Rob Bonta , Attorney General; Attorney General's Office, Sacramento, California; for Defendants-Appellees.

Dissent by Judge VanDyke.

ORDER

A judge sua sponte called for a vote on whether to rehear this case en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(f). Judge Lee and Judge Koh did not participate in the deliberations or vote in this case. Rehearing en banc is DENIED.

Filed concurrently with this order are Judge W. Fletcher and Judge Forrest's concurrence in and Judge Bumatay...

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