Mitchell Carlton Sims v. Jill Brown, Warden
430 F.3d 1220·2005 WL 3312698·2005 U.S. App. LEXIS 26810
United States Court of Appeals for the Ninth CircuitDecember 8, 200503-99007California112 words
Opinion
ORDER
The majority opinion filed September 21, 2005, is amended as follows:
Page 13519, line 6: delete sentence beginning with “Indeed, Sims submitted no evidence.... ”
With this amendment, the majority of the panel votes to deny the petition for rehearing. Judges Rymer and Fisher vote to deny the petition for rehearing en banc. Judge B. Fletcher would grant the panel rehearing and recommends en banc rehearing.
The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing and petition for rehearing en banc are DENIED.