Charles Franklin Murdoch
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHARLES FRANKLIN MURDOCH, Jr., Petitioner-Appellant, No. 05-55665 v. D.C. No. ROY CASTRO, Warden; BILL CV-99-06900- LOCKYER, Attorney General, RSWL Attorney General of the State of
ORDER
California, Respondents-Appellees. Filed October 9, 2008
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
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