Smith v. Mitchell

Good Law
United States Court of Appeals for the Ninth CircuitJuly 13, 200604-55831California3,063 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHIRLEY REE SMITH,  No. 04-55831 Petitioner-Appellant, v.  D.C. No.

CV-01-04484-ABC

GWENDOLYN MITCHELL, Warden,

ORDER

Respondent-Appellee.  Filed July 14, 2006

Before: Harry Pregerson and William C. Canby, Jr., Circuit Judges, and Edward C. Reed,* District Judge.

Order; Dissent by Judge Bea

ORDER

The panel voted to deny the petition for panel rehearing. Judge Pregerson has voted to deny the petition for rehearing en banc, and Judges Canby and Reed have so recommended.

The petition for en banc rehearing has been circulated to the full court. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed R. App. P. 35.

The petition for panel rehearing and the petition for rehear- ing en banc are denied.

*The Honorable Edward C. Reed, Jr., Senior United States District Judge for the District of Nevada, sitting by designation.

7815 7816 SMITH v. MITCHELL BEA, Circuit Judge, with whom KLEINFELD, GRABER,…

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