509 F.3d 947

SKOPIL, Senior Circuit Judge,
concurring in part; dissenting in part:
I concur in the decision to withdraw our prior opinion, Sissoko v. Rocha, 440 F.3d 1145 (9th Cir.2006), and to file a revised one. I do not agree, however, with footnote 8 of the revised opinion and, accordingly, I dissent from the majority’s decision to include the footnote.

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