Zachary Kelsey v. Tim Garrett;

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZACHARY KELSEY,
Petitioner-Appellant,
v.
TIM GARRETT; et al.,
Respondents-Appellees.
No. 22-15557
D.C. No.
3:18-cv-00174-
MMD-CLB
District of
Nevada,
Reno
ORDER
Filed September 21, 2023
Before: GRABER, GOULD, and FRIEDLAND, Circuit
Judges.

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2 KELSEY V. GARRETT
ORDER
This case was originally argued to a panel consisting of
Judges Graber, Gould and Watford. Judge Watford resigned
from the court after the opinion was issued and before
Appellees filed a petition for rehearing. Judge Friedland was
drawn to replace Judge Watford pursuant to General Order
3.2(h). Judge Friedland has reviewed the briefs, record, and
video recording of the prior oral argument, as well as the
petition for rehearing and response.
Appellees’ petition for panel rehearing is GRANTED.
The opinion filed on May 24, 2023, and published at 68 F.4th
1177, is hereby withdrawn, the case is resubmitted, and the
opinion is replaced with the memorandum disposition filed
concurrently with this order.1 Appellees’ petition for
rehearing en banc is DENIED as moot.
Future petitions for rehearing will be permitted under the
deadlines outlined in Federal Rules of Appellate Procedure
35(c) and 40(a)(1).
1 The panel unanimously concludes that this case is suitable for
disposition without reargument. See Fed. R. App. P. 40(a)(4)(A).

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