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HO v. CAREY

No. 01-16823.

332 F.3d 587 (2003)

Stephen HO, Petitioner-Appellant, v. Thomas L. CAREY, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2003.

Attorney(s) appearing for the Case

Dennis P. Riordan and Donald M. Horgan, Riordan & Rosenthal, San Francisco, CA; Marc Zilversmit, San Francisco, CA, for the petitioner-appellant.

Mark S. Howell, Deputy Attorney General of the State of California, San Francisco, CA, for the respondents-appellees.

Before HUG, ALARCÓN, and GRABER, Circuit Judges.

Opinion by Judge ALARCÓN; Dissent by Judge HUG.

ORDER AND OPINION

ORDER

The Opinion filed February 26, 2003, slip op. 2575, and appearing at 322 F.3d 625 (9th Cir.2003), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. The Clerk is directed to file the attached opinion and the attached dissent.

The petition for rehearing and petition for...

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