Brian McGee v. Richard Kirkland
Opinion
Opinion
ORDER
The memorandum filed July 31, 2012 is amended as follows:
On page 2 of the memorandum disposition, replace
On page 5 of the memorandum disposition, insert the following sentence before
On page 5 of the memorandum disposition, replace < REVERSED > with < REVERSED AND REMANDED >.
With these amendments, the panel has voted unanimously to deny the petition for panel rehearing. Judges Wardlaw and Berzon have voted to deny the petition for rehearing en banc, and Judge Whyte has so recommended.
The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for panel rehearing and rehearing en banc, filed August 9, 2012, is DENIED. No further petitions for rehearing will be entertained.
An amended memorandum disposition is filed concurrently with this Order.