Dan Nichols v. Jack McCormick Warden

946 F.2d 695, 91 Cal. Daily Op. Serv. 8099, 91 Daily Journal DAR 12390, 1991 U.S. App. LEXIS 23631, 1991 WL 197651

Opinions

ORDER

The panel has voted to deny appellant’s petition for rehearing and to reject the suggestion for rehearing en banc.

The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed.R.App.P. 35.

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

NORRIS, Circuit Judge, dissents from the failure of the court to rehear the case en banc.