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SMITH v. 10 (2023)

United States Court of Appeals, Ninth Circuit.2023-05-04No. No. 20-56254

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Opinion

ORDER

The Honorable Gary Feinerman, United States District Judge for the Northern District of Illinois, sitting by designation, has resigned from judicial service and Judge Callahan was drawn as a replacement judge pursuant to General Order 3.2.h. A majority of the panel has voted sua sponte to grant panel rehearing. Judge Callahan and Judge Bress voted in favor of rehearing, and Judge Christen voted against rehearing. The opinion and dissent filed on December 30, 2022, Dkt. 50, are withdrawn, and the case is resubmitted. Appellants petition for rehearing en banc, Dkt. No. 59, is denied as moot.