Lee v. Lampert

Citation633 F.3d 1176
Decision Date08 February 2011
Docket NumberNo. 09–35276.,09–35276.
PartiesRichard R. LEE, Petitioner–Appellee,v.Robert O. LAMPERT, Respondent–Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

OPINION TEXT STARTS HEREStephen R. Sady, FPDOR—Federal Public Defender's Office, Portland, OR, for PetitionerAppellee.Erin C. Lagesen, Assistant Attorney General, Carolyn Alexander, Esquire, Assistant

Attorney General, Oregon Department of Justice, Janet A. Klapstein, Assistant Attorney General, AGOR—Office of the Oregon Attorney General, Salem, OR, for RespondentAppellant.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35–3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Murguia did not participate in the deliberations or vote in this case.

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9 cases
  • Lee v. Lampert
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 2, 2011
    ...AEDPA's statute of limitations, and dismissed Lee's petition as time-barred. Id. at 1133–34. We granted rehearing en banc. Lee v. Lampert, 633 F.3d 1176 (9th Cir.2011). We review de novo the grant of a petition for habeas corpus. Paulino v. Harrison, 542 F.3d 692, 698 (9th Cir.2008).II Lee ......
  • Daniels v. McDonald
    • United States
    • U.S. District Court — Eastern District of California
    • May 8, 2011
    ...8, 2011, the Ninth Circuit granted rehearing en banc in Lee v. Lampert, 610 F.3d 1125, 1133 (9th Cir. 2010), rehearing granted, 633 F.3d 1176 (9th Cir. 2011), to review a panel decision holding that the "actual innocence" exception to the statute of limitations does not exist. As per the or......
  • Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 8, 2011
  • Garcia v. Evans
    • United States
    • U.S. District Court — Eastern District of California
    • June 20, 2011
    ...8, 2011, the Ninth Circuit granted rehearing en banc in Lee v. Lampert, 610 F.3d 1125, 1133 (9th Cir. 2010), rehearing granted, 633 F.3d 1176 (9th Cir. 2011), to review a panel decision holding that the "actual innocence" exception to the statute of limitations does not exist. As per the or......
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