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Amado v. Gonzalez

United States Court of Appeals, Ninth Circuit

July 11, 2014

RANDALL AMADO, Petitioner-Appellant,
v.
TERRI GONZALEZ, Warden, California Men's Colony, Respondent-Appellee

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Appeal from the United States District Court for the Central District of California. D.C.No. 2:03-cv-00078-PA-E. Percy Anderson, District Judge, Presiding.

Before: William A. Fletcher and Johnnie B. Rawlinson, Circuit Judges, and Alvin K. Hellerstein, Senior District Judge.[1]

OPINION

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ORDER

The Opinion and Dissent filed October 30, 2013, and appearing at 734 F.3d 936 (9th Cir. 2013), are hereby withdrawn. They may not be cited as precedent by or to this court or any district court of the Ninth Circuit. A superseding Opinion and Dissent are being filed concurrently with this order.

With the amended disposition, Judge W. Fletcher voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Rawlinson voted to grant the petition for rehearing and to grant the suggestion for rehearing en banc. And Judge Hellerstein voted to deny the petition for rehearing and recommended rejection of the suggestion for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to

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rehear the matter en banc. See Fed. R. App. P. 35.

Accordingly, the petition for rehearing and rehearing en banc is hereby DENIED. The court will entertain further petitions for rehearing and rehearing en banc with respect to the superseding Opinion.


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