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Silveira v. Lockyer
Citations: 328 F.3d 567; 2003 WL 21004622Docket: No. 01-15098
Court: Court of Appeals for the Ninth Circuit; May 6, 2003; Federal Appellate Court
A majority of the panel voted to deny the petition for rehearing en banc. The full court was informed of the petition, and an active judge requested a vote on the possibility of rehearing the case en banc. However, the request did not garner a majority of votes from the non-recused active judges needed for en banc reconsideration, as stipulated by FED. R. APP. P. 35. Consequently, the petition for rehearing en banc is denied. Several judges, including Judges Pregerson, Kozinski, Kleinfeld, and Gould, dissented from this decision.