187 F3d 1160 Charles McDowell v. Arthur Calderon

187 F.3d 1160 (9th Cir. 1999)

CHARLES E. McDOWELL, Petitioner-Appellee,
v.
ARTHUR CALDERON, Warden, Respondent-Appellant.

No. 98-99032

Office of the Circuit Executive

U.S. Court of Appeals for the Ninth Circuit

September 23, 1999

Before: HUG, Chief Judge.

ORDER

1

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 The three-judge panel opinion, McDowell v. Calderon, 173 F.3d 1186 (9th Cir. April 7, 1999), is withdrawn