GRETZLER v STEWART, No. 9599023o
U.S. 9th Circuit Court of Appeals
GRETZLER v STEWART
No. 9599023o
DOUGLAS EDWARD GRETZLER,Petitioner-Appellant,No. 95-99023v.D.C. No.TERRY L. STEWART, Director ofCV-85-00537-RMBArizona Department ofORDERCorrections,Respondent-Appellee.
Filed August 27, 1997Before: Jerome Farris, Harry Pregerson, and Edward Leavy,Circuit Judges.
_____________________________ORDER Judges Farris and Leavy have voted to deny appellant'spetition for rehearing. Judge Pregerson has voted to grant thepetition for rehearing. Judge Pregerson has voted to grant thesuggestion for rehearing en banc, and Judges Farris and Leavyhave recommended rejecting the suggestion for rehearing enbanc.The full court was advised of the suggestion for rehearingen banc. An active judge requested a vote on whether torehear the matter en banc. The matter failed to receive amajority of the votes of the nonrecused active judges in favorof en banc consideration. Fed. R. App. P. 35.The petition for rehearing is DENIED and the suggestionfor rehearing en banc is REJECTED. the end