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05-99009 - Washington v. Ryan


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05-99009 - Washington v. Ryan
June 17, 2015
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FILED OPINION (ALEX KOZINSKI, RONALD M. GOULD and N. RANDY SMITH) DISMISSED IN PART, AFFIRMED IN PART., Judge: RMG Authoring, FILED AND ENTERED JUDGMENT. [9577166] [05-99009, 07-15536]
December 31, 2015
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Murguia and Hurwitz did not participate in the deliberations or vote in this case. [9811796] [05-99009, 07-15536]
August 15, 2016
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Filed opinion (SIDNEY R. THOMAS, WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA, MILAN D. SMITH, JR., SANDRA S. IKUTA, MORGAN B. CHRISTEN and PAUL J. WATFORD). Opinion by Judge Christen; Dissent by Judge Bybee; Dissent by Judge Watford. We reverse the district court’s denial of Washington’s motion for relief from judgment pursuant to Rule 60(b) in appeal No. 07-15536. On limited remand, the district court shall vacate and reenter its judgment denying Washington’s petition for writ of habeas corpus, nunc pro tunc, June 9, 2005. After the district court reenters its judgment, Washington’s appeal from the denial of his § 2254 petition may proceed in appeal No. 05-99009. We do not reach the remainder of Washington’s arguments. No new briefing is authorized by this decision. REVERSED AND REMANDED. [10086274]