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Constantino Carrera v. Robert L. Ayers Jr.

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


April 12, 2012

CONSTANTINO CARRERA, PETITIONER - APPELLANT,
v.
ROBERT L. AYERS JR., WARDEN OF THE CALIFORNIA STATE PRISON AT SAN QUENTIN, RESPONDENT - APPELLEE.

D.C. No. 1:90-CV-00478-AWI

The opinion of the court was delivered by: Kozinski, Chief Judge:

FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

ORDER

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.

20120412

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