Smith v. Davis

Citation931 F.3d 829 (Mem)
Decision Date15 July 2019
Docket NumberNo. 17-15874,17-15874
Parties Anthony Bernard SMITH, Jr., Petitioner-Appellant, v. Ron DAVIS, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
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 disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.

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2 cases
  • Smith v. Davis
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 20 Marzo 2020
    ...petitioner to be eligible for equitable tolling. See Smith v. Davis , 740 Fed. App'x 131 (9th Cir. 2018), reh’g en banc granted , 931 F.3d 829 (9th Cir. 2019).II. Standard of Review We review de novo the dismissal of a federal habeas petition as untimely, including "whether the statute of l......
  • K.W.P. v. Kan. City Pub. Sch., 17-3602
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 1 Agosto 2019
    ...In Gray , the Eleventh Circuit concluded that "[e]very reasonable officer would have known that handcuffing a compliant nine-year-old 931 F.3d 829 child for purely punitive purposes is unreasonable." 458 F.3d at 1307 (emphases added). In C.B. , the Ninth Circuit similarly concluded that "[i......

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