Byrd v. Maricopa Cnty SD, et al

Filing 920091006

Opinion

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHARLES EDWARD BYRD, Plaintiff-Appellant, v. MARICOPA COUNTY SHERIFF'S DEPARTMENT; JOSEPH M. ARPAIO; KATHLEEN O'CONNELL; AUSTIN PETERSON; DURANGO JAIL, Defendants-Appellees. No. 07-16640 D.C. No. CV-04-02701-NVW ORDER Filed October 6, 2009 ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. 14533 PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2009 Thomson Reuters/West.

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