Graham S Henry v. Charles Ryan

Filing

Filed Order for PUBLICATION (ALEX KOZINSKI)(Concurrence by Judge W. Fletcher and Dissent by Judge Tallman)(SEE ORDER FOR FULL TEXT) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The April 8, 2014, three-judge panel order denying Henry s motion to reconsider the panel s November 1, 2013, order denying the petition for panel rehearing shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Murguia and Friedland did not participate in the deliberations or vote in this case. [9228736]

Case: 09-99007

09/04/2014

ID: 9228736

DktEntry: 111-1

Page: 1 of 1

FILED
FOR PUBLICATION
UNITED STATES COURT OF APPEALS

SEP 04 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GRAHAM S. HENRY,
Petitioner - Appellant,

No. 09-99007
D.C. No. 2:02-CV-00656-SRB

v.
ORDER
CHARLES L. RYAN,
Respondent - Appellee.

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 Federal Rule of Appellate Procedure 35(a)
and Circuit Rule 35-3. The April 8, 2014, three-judge panel order denying Henry’s
motion to reconsider the panel’s November 1, 2013, order denying the petition for
panel rehearing shall not be cited as precedent by or to any court of the Ninth
Circuit.
Judges Murguia and Friedland did not participate in the deliberations or vote
in this case.