Dicus v. Papa

Full title: GREGORY DICUS, Petitioner - Appellant, v. FRANKIE SUE DEL PAPA; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 1, 2006

No. 05-15918 (9th Cir. Sep. 1, 2006)

Opinion

GREGORY DICUS, Petitioner - Appellant, v. FRANKIE SUE DEL PAPA; et al., Respondents - Appellees. No. 05-15918 United States Court of Appeals, Ninth Circuit September 1, 2006

NOT FOR PUBLICATION

D.C. No. CV-02-00007-HDM

Before: RYMER and WARDLAW, Circuit Judges, and SELNA, ^* District Judge.

ORDER

The memorandum disposition filed July 6, 2006 is amended as follows:

1. Insert §The latter claim is beyond the scope of the issue which we actually certified. Compare ER 838 with id. 825, 830-31.§ after the sentence ending at page 2, line 15 (§...vindictive addition of the charges.§).

2. Delete the paragraph beginning at page 3, line 8 (§To the extent ...§) and ending at page 3, line 12.

With the above amendments, the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The petition for rehearing is DENIED, and the suggestion for a rehearing en banc is DENIED.