THE GEO GROUP, INC. V. GAVIN NEWSOM, No. 20-56172 (9th Cir. 2022)

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This opinion or order relates to an opinion or order originally issued on October 5, 2021.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 26 2022 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT THE GEO GROUP, INC., Plaintiff-Appellant, and UNITED STATES OF AMERICA, Plaintiff, v. GAVIN NEWSOM, in his official capacity as Governor of the State of California; ROB BONTA, in his official capacity as Attorney General of the State of California, Defendants-Appellees, and STATE OF CALIFORNIA, Defendant. No. U.S. COURT OF APPEALS 20-56172 D.C. Nos. 3:19-cv-02491-JLS-WVG 3:20-cv-00154-JLS-WVG Southern District of California, San Diego ORDER UNITED STATES OF AMERICA, No. Plaintiff-Appellant, 20-56304 D.C. Nos. 3:19-cv-02491-JLS-WVG 3:20-cv-00154-JLS-WVG and THE GEO GROUP, INC., Plaintiff, v. GAVIN NEWSOM, in his official capacity as Governor of the State of California; ROB BONTA, in his official capacity as Attorney General of the State of California; STATE OF CALIFORNIA, Defendants-Appellees. MURGUIA, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated. 2

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