Hayward v. Marshall, No. 06-55392 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RONALD HAYWARD, Petitioner-Appellant, v. JOHN MARSHALL, California Men s Colony East, Respondent-Appellee. ï£¼ ï£½ ï£¾ No. 06-55392 D.C. No. CV-05-07239GAF(CT) ORDER Filed May 16, 2008 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. 5923 PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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