Earl Cannedy, Jr. v. Darrel Adams

Good Law
733 F.3d 794·2013 WL 3744048·2013 U.S. App. LEXIS 14352
United States Court of Appeals for the Ninth CircuitJuly 16, 201309-56902California5,039 words

Opinion

Opinion

Scannlain, J.

Order; Dissent to Order by

ORDER

The opinion filed February 7, 2013, and published at 706 F.3d 1148 , is amended as follows:

On slip opinion page 12 [ 706 F.3d at 1155 ], line 14 and the last line, change “2003” to “2004.”

Judges Lucero and Graber have voted to deny Appellant’s petition for panel rehearing, and Judge Kleinfeld has voted to grant it. Judge Graber has voted to deny the petition for rehearing en banc, Judge Lucero makes no recommendation, and Judge Kleinfeld has recommended granting it.

The full court was advised of the petition for rehearing en banc. A judge of the court called for a vote on whether to rehear the matter en banc. A vote was taken, and a majority of the nonrecused active judges failed to vote in favor of en banc rehearing.

Appellant’s petition for panel rehearing and petition for rehearing en banc are DENIED.

No further petitions for rehearing or petitions for rehearing en banc shall be entertained.

O’SCANNLAIN, Circuit Judge, joined by TALLMAN, BYBEE, CALLAHAN, - BEA, and IKUTA, Circuit Judges, dissenting from the denial of rehearing en banc:

Faced with a question that has tripped up our circuit more than once in the past— how to interpret a…

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