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BOCKTING v. BAYER

No. 02-15866.

418 F.3d 1055 (2005)

Marvin Howard BOCKTING, Petitioner-Appellant, v. Robert BAYER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

August 11, 2005.

Attorney(s) appearing for the Case

Marvin Howard Bockting, Carson City, NV, pro se.

Frances A. Forsman, Las Vegas, NV, for Petitioner-Appellant.

Rene L. Hulse, Victor Hugo Schulze, II, Office of the Nevada Attorney General, Las Vegas, NV, for Respondent-Appellee.

Before WALLACE, NOONAN, and McKEOWN, Circuit Judges.

ORDER

Judge McKeown votes to deny the petition for rehearing en banc, and Judge Noonan so recommends. Judge Wallace recommends granting the petition for rehearing en banc.

The full court was advised of the petition for rehearing en banc. A judge of the court requested a vote on whether to rehear the matter en banc, but the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc rehearing.

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