Lopez v. Smith

Full title: MAX LOPEZ, JR., Plaintiff-Appellant, v. G.A. SMITH, Warden; LARRY LOO…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 12, 1999

173 F.3d 749 (9th Cir. 1999)

Opinion

No. 97-16987

Decided April 12, 1999

Appeals Coordinator, Defendants-Appellees, D.C. No. CV-95-05947-OWW/HGB.

Before: Procter Hug, Jr., Chief Judge.

ORDER

[2] 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, Lopez v. Smith, No. 97-16987, slip op. at 12845 (9th Cir. Nov. 9, 1998) is withdrawn.