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Charles Franklin MURDOCH, Jr., Petitioner-Appellant, v. Roy CASTRO, Warden; Bill Lockyer, Attorney General, Attorney General of the State of California, Respondents-Appellees.

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.

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MURDOCH v. CASTRO
(Oct 9, 2008)