Smith v. Mitchell

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SHIRLEY REE SMITH,  No. 04-55831 Petitioner-Appellant, v.  D.C. No. CV-01-04484-ABC GWENDOLYN MITCHELL, Warden, ORDER Respondent-Appellee.  Filed July 14, 2006 Before: Harry Pregerson and William C. Canby, Jr., Circuit Judges, and Edward C. Reed,* District Judge. Order; Dissent by Judge Bea ORDER The panel voted to deny the petition for panel rehearing. Judge Pregerson has voted to deny the petition for rehearing en banc, and Judges Canby and Reed have so recommended. The petition for en banc rehearing has been circulated…