Summary
granting rehearing en banc to consider whether to grant state habeas petitioner's motion to voluntarily dismiss the federal habeas proceedings
Summary of this case from Alverson v. WorkmanOpinion
No. 98-99003.
Filed December 29, 2006.
Michael D. Kimerer, Esq., Holly R. Gieszl, Esq., Kimerer Derrick, PC, Osborn Maledon, Phoenix, AZ, Denise I. Young, Esq., Tucson, AZ, Julie S. Hall, Esq., Law Offices of Julie S. Hall, Oracle, AZ, for Petitioner-Appellant.
John Pressley Todd, Esq., Office of the Arizona Attorney General, Phoenix, AZ, for Respondents-Appellees.
Before SCHROEDER, Chief Judge.
ORDER
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 shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.
Judge Silverman was recused.