Thomas Charles KLEVE, Petitioner-Appellant, v. D.R. HILL, Warden CCI; J. Gomez; Attorney General of the State of California; Daniel E. Lungren, Attorney General, Respondents-Appellees, 202 F.3d 1155

ORDER The ORDER DENYING REHEARING with DISSENT, filed January 21, 2000, is hereby redesignated FOR PUBLICATION. ORDER DENYING REHEARING The panel, as constituted above, has voted as follows: Judges Fernandez and W. Fletcher voted to deny the petition for rehearing and the petition for rehearing en banc; Judge D.W. Nelson voted to grant the petition for rehearing and recommended granting the petition for rehearing en banc. A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the active judges of the court failed to vote for en banc rehearing. Fed. R.App.

P. 35(f). The petition for rehearing and the petition for rehearing en banc are DENIED.