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961 F.2d 1449

Docket No. 90-55402.

Harris v. Vasquez

Ninth Circuit Court of Appeals

Decided April 20, 1992.

Ninth Circuit Court of Appeals · decided 1992-04-20

Cited by 3 later decisions — most recently July 1993

3 federal appellate ·

Relies on Tompkins v. Texas · Granfinanciera, S.A. v. Nordberg · Harris v. Vasquez

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-20

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¶1Before: ALARCON, BRUNETTI, and NOONAN, Jr., Circuit Judges.

¶2ORDER

¶3In a motion filed on April 18, 1992, Appellant, Robert Alton Harris, asks this *1450court to recall its mandate issued on March 10, 1992, following the denial by the United States Supreme Court of petition for a writ of certiorari. Appellant also petitions this court to grant a rehearing and suggests a rehearing en banc.

¶4Appellant’s motion for recall of the mandate is denied. Appellant has not shown, as required by Zipfel v. Halliburton Co., 861 F.2d 565, 567 (9th Cir.), cert. denied, 486 U.S. 1054, 108 S.Ct. 2819, 100 L.Ed.2d 921 (1988), that exceptional circumstances justify a recall of the mandate.

¶5The Appellant’s Petition for Rehearing and Suggestion for Rehearing En Banc also is denied as untimely. See Adamson v. Lewis, 955 F.2d 614 (9th Cir.1992) (en banc); Fed.R.App.P. 40. We previously stated, in our order denying Petitioner’s motion for stay of mandate and petition for rehearing and suggestion for rehearing en banc, filed on March 6, 1992, that no future petition for rehearing would be entertained. See Fed.R.App.P. 41(b).

¶6NOONAN, Circuit Judge, would grant the motion fpr recall of the mandate, and the petition for rehearing and suggestion for rehearing en banc.

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