Mitchell Carlton Sims v. Jill Brown, Warden

U.S. Court of Appeals for the Ninth Circuit December 8, 2005

Mitchell Carlton Sims v. Jill Brown, Warden, 430 F.3d 1220 (9th Cir. 2005)

2005 U.S. App. LEXIS 26810; 2005 WL 3312698

Opinion

ORDER

The majority opinion filed September 21, 2005, is amended as follows:

Page 13519, line 6: delete sentence beginning with “Indeed, Sims submitted no evidence.... ”

With this amendment, the majority of the panel votes to deny the petition for rehearing. Judges Rymer and Fisher vote to deny the petition for rehearing en banc. Judge B. Fletcher would grant the panel rehearing and recommends en banc rehearing.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and petition for rehearing en banc are DENIED.

Reference

Full Case Name: Mitchell Carlton SIMS, Petitioner-Appellant, v. Jill BROWN, Warden, Respondent-Appellee
Cited By: 9 cases
Status: Published