Eduardo Guzman v. Sandra Shewry

Good Law
552 F.3d 941·2009 WL 102100·2009 U.S. App. LEXIS 15841
United States Court of Appeals for the Ninth CircuitJanuary 15, 200908-55326California6,731 words

Opinion

Opinion

O'Scannlain, J.

ORDER AND AMENDED OPINION

ORDER

The opinion filed in this case on September 23, 2008, 544 F.3d 1073 , is AMENDED as follows:

At page 13362, line 24, 544 F.3d at 1078 , of the slip opinion, after the sentence concluding “halt the temporary suspension,” insert a new footnote reading 122 F.3d 1211 , 1217 (9th Cir.l997).>

The panel has voted unanimously to deny the petition for rehearing. Judges O’Scannlain and Tallman have voted to deny the petition for rehearing en banc and Judge Thompson so recommends. The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and the petition for rehearing en banc are DENIED. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

We must decide whether a district court abused its discretion in denying a…

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