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BALBUENA v. SULLIVAN

No. 12-16414, No. 18-15432.

980 F.3d 619 (2020)

Alexander BALBUENA, Petitioner-Appellant, v. William Joe SULLIVAN, Warden; Attorney General for the State of California, Respondents-Appellees. Alexander Balbuena, Petitioner-Appellant, v. William Joe Sullivan, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2020.

Amended November 17, 2020.

Attorney(s) appearing for the Case

Scott A. Sugarman (argued), Sugarman & Cannon, San Francisco, California, for Petitioner-Appellant.

Jill M. Thayer (argued), Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Gerald A. Engler , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Respondents-Appellees.

Concurrence by Judge W. Fletcher.

ORDER

The opinion filed on August 17, 2020 and published at 970 F.3d 1176 is amended by the opinion filed concurrently with this order.

With this amended opinion, the panel has voted to deny the petition for rehearing and rehearing en banc. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Accordingly, the petition for rehearing and rehearing...

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