Hedelito Garcia v. Michael Benov, No. 09-56999 (9th Cir. 2011)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HEDELITO TRINIDAD Y GARCIA, Petitioner-Appellee, v. MICHAEL BENOV, Warden, Metropolitan Detention Center-Los Angeles, Respondent-Appellant. ï£¼ ï£½ ï£¾ No. 09-56999 D.C. No. 2:08-cv-07719MMM-CW ORDER Filed February 28, 2011 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. Judge Murguia did not participate in the deliberations or vote in this case. 3097

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