Wayne Dale Schell, Petitioner-appellant, v. Larry Witek, Warden; Bill Lockyer, Attorney General, State of California, Respondents-appellees, 197 F.3d 1035 (9th Cir. 1999)

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US Court of Appeals for the Ninth Circuit - 197 F.3d 1035 (9th Cir. 1999) December 1, 1999

Before: Procter Hug, Jr., Chief Judge.

Prior report: 181 F.3d 1094


Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The threejudge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.