Irons

Irons v. Carey

Good Law
United States Court of Appeals for the Ninth CircuitNovember 5, 200705-15275California2,733 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARL MERTON IRONS, II,  No. 05-15275 Petitioner-Appellee, D.C. No.

U.S. ATTORNEY GENERAL, CV-04-00220-LKK

Intervenor,  Eastern District v. of California, Sacramento TOM L. CAREY, Warden, Respondent-Appellant.  ORDER

Filed November 6, 2007

Before: Stephen Reinhardt, John T. Noonan, and Ferdinand F. Fernandez, Circuit Judges.

Order; Dissent by Judge Kleinfeld

ORDER

The panel has voted to deny the petitions for rehearing and petitions for rehearing en banc.

The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the mat- ter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. FED. R. APP. P. 35.

The petitions for rehearing and rehearing en banc are denied.

14647 14648 IRONS v. CAREY KLEINFELD, Circuit Judge, with whom Circuit Judge Bea joins, dissenting from denial of rehearing en banc:

I dissent from denial of rehearing en banc.

Our panel decision in Irons v.…

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