Washington v. Ryan, s. 05–99009

Decision Date31 December 2015
Docket Number07–15536.,Nos. 05–99009,s. 05–99009
Citation811 F.3d 299 (Mem)
Parties Theodore WASHINGTON, Petitioner–Appellant, v. Charles L. RYAN, Respondent–Appellee.
CourtU.S. Court of Appeals — Ninth Circuit

Gilbert Henry Levy, Law Offices of Gilbert H. Levy, Seattle, WA, for PetitionerAppellant.

Laura Chiasson, Esquire, Assistant Attorney General, AGAZ–Office of the Arizona Attorney General, Tucson, AZ, for RespondentAppellee.

ORDER

THOMAS, Chief Judge:

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.

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9 cases
  • Washington v. Shinn
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 20, 2021
    ...relief. Washington v. Ryan , 789 F.3d 1041 (9th Cir. 2015). We then granted Washington's motion for en banc rehearing. Washington v. Ryan , 811 F.3d 299 (9th Cir. 2015). In a 6–5 decision, we held that Washington was entitled to relief under Rule 60(b)(1) and (6) from his untimely notice of......
  • Theodore Wash. v. Ryan
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 17, 2019
    ...Washington v. Ryan , 789 F.3d 1041 (9th Cir. 2015). The court then granted Washington’s motion for en banc rehearing. Washington v. Ryan , 811 F.3d 299 (9th Cir. 2015). In a 6–5 decision, the en banc panel held that Washington was entitled to relief under Rule 60(b)(1) and (6) from his unti......
  • United States v. Swisher
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • January 11, 2016
    ... ... ; SungHee Suh, Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C., for PlaintiffAppellee. Before: SIDNEY R. THOMAS, Chief Judge and STEPHEN REINHARDT, ALEX ... ...
  • Washington v. Ryan
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 15, 2016
    ...the district court's denial of Washington's Rule 60(b) motion. Id. at 1046.Our court granted rehearing en banc. Washington v. Ryan , 811 F.3d 299 (9th Cir. 2015) (mem.). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a), and we reverse the district court's denial of Washington'......
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