Mark Steven Van Buskirk v. George H. Baldwin
Opinion
Opinion
Goodwin, J.
ORDER
The opinion filed June 28, 2001 in the above matter, No. 00-35640, and appearing at 255 F.3d 974 , 977 (9th Cir.2001), is amended as follows:
1)Slip op. at 8205, lines 11-15; 255 F.3d at 977, lines 41-48 delete:
Replace with:
2) Slip op. at 8206; 225 F.3d at 978, first sentence of the second full paragraph: after “the district court’s misstatement,” delete “probably”
3) Slip op. at 8207-08; 225 F.3d at 978: Replace the last 4 paragraphs of the opinion, beginning with “Moreover” and ending with “cannot be excused” with the following:
With the opinion thus amended, the Northern California Innocence Project’s motion for leave to file amicus curiae brief in support of appellant’s petition for re hearing and petition for rehearing en banc is DENIED.
The panel has voted unanimously to deny the petition for rehearing. Judge Rawlinson has voted to deny the petition for rehearing en banc, and Judges Goodwin and Greenberg recommended denial.
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.