Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of California
Opinion
Opinion
Wardlaw, J.
ORDER
The opinion published at 296 F.3d 752 (9th Cir.2002) is hereby AMENDED as follows:
Page 760, ¶ 3: Delete the sentence beginning “While it is true” to the end of the paragraph (including fn.2), and replace with the following:
Page 761, ¶ 1: Delete this paragraph & fn.3
Page 761, ¶ 2: Delete fn.4 and insert the following text in the paragraph at the location where the footnote was marked:
Page 761, ¶ 2: After the above insertion, delete the sentence beginning “Because the California Supreme Court ...” and start a new paragraph before the next sentence, beginning “Because there is a genuine question ...”
Page 762, ¶ 3: Renumber footnote 5 as footnote 3
With these amendments, the panel has voted unanimously to deny the petition for panel rehearing. Judges Rymer and Wardlaw have voted to deny the petition for en banc rehearing, and Judge Brunetti has so recommended.
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 petitions for panel rehearing and for rehearing en banc are DENIED. No further petitions for rehearing will be entertained.