Greenawalt v. Ricketts

961 F.2d 1457 Randy GREENAWALT, Petitioner-Appellee, v. James R. RICKETTS, Director, Arizona DOC; Donald Wawrzaszek, Superintendent, ASP; Robert K. Corbin, Attorney General, State of Arizona, Respondents-Appellants. Nos. 88-1828, 88-1910. United States Court of Appeals, Ninth Circuit. April 23, 1992. Before: WALLACE, Chief Judge, ALARCON and WIGGINS, Circuit Judges. 1 The panel as constituted above has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. 2 The full court has been advised of the suggestion for rehearing en banc. An active judge called for an en banc vote, and a majority of the judges of the court has voted to reject the suggestion for rehearing en banc. Fed.R.App.P. 35(b). 3 The petition for rehearing is denied, and the suggestion for rehearing en banc is rejected. 4 SCHROEDER, Circuit Judge, dissenting from Denial of Rehearing En Banc: 5 RE: Greenawalt v. Ricketts, Nos. 88-1828/1910, decided August 22, 1991 and published at 943 F.2d 1020 (9th Cir.1991). 6 I respectfully dissent from our court's decision not to hear this case en banc. Such a rehearing would have enabled us to reconsider the panel's decision in the light of…