Cooper
Cooper v. Brown
Opinion
Opinion
Volume 1 of
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEVIN COOPER, No. 05-99004 Petitioner-Appellant, D.C. No. v. CV-04-00656-H JILL BROWN, California State Southern District of Prison at San Quentin, California, Respondent-Appellee. San Diego
ORDER
Filed May 11, 2009
Before: Pamela Ann Rymer, M. Margaret McKeown, and Ronald M. Gould, Circuit Judges.
Order; Dissent by Judge W. Fletcher; Dissent by Judge Wardlaw; Dissent by Judge Fisher; Dissent by Judge Reinhardt; Concurrence by Judge Rymer
ORDER
The panel has voted to deny the Petition for Rehearing and Petition for Rehearing En Banc.
The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to hear the matter en banc. The matter failed to receive a majority of the votes 5429 5430 COOPER v. BROWN of the nonrecused active judges in favor of en banc consider- ation. Fed. R. App. P. 35.
The petition for rehearing and the petition for rehearing en banc are DENIED.