Citation Codes Equivalent Citations citation codes Docket Number No. 09-35276. Advocates Stephen R. Sady, FPDOR — Federal Public Defender's Office, Portland, OR, for Petitioner- Erin C. Lagesen, Assistant Attorney General, Carolyn Alexander, Esquire, Assistant Attorney General, Oregon Department of Justice, Janet A. Klapstein, Assistant Attorney General, AGOR — Office of the Oregon Attorney General, Salem, OR, for Respondents- See more information ... Smart Summary Please sign up to generate summary. OPINION Richard R. LEE, Petitioner-Appellee v. Robert O. LAMPERT, Respondent-Appellant. 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. Judge Murguia did not participate in the deliberations or vote in this case.