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Frederick Carlton Lewis v. Kim Guadagno

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 19, 2011

FREDERICK CARLTON LEWIS, APPELLANT
v.
KIM GUADAGNO, SECRETARY OF STATE; PAULA DOW, ATTORNEY GENERAL; JOSEPH RIPA, CAMDEN COUNTY CLERK; TIMOTHY TYLER, BURLINGTON COUNTY CLERK; EDWARD P. MCGETTIGAN, ATLANTIC COUNTY CLERK; JOHN DOES I-X (FICTITIOUS NAMES), JOINTLY AND SEVERALLY AND IN THE ALTERNATIVE, APPELLEES WILLIAM LAYTON; TED COSTA, INTERVENORS/APPELLEES

(D.N.J. No. 11-cv-02381)

The opinion of the court was delivered by: Thomas L. Ambro Circuit Judge

Present: SCIRICA, AMBRO and VANASKIE, Circuit Judges

It is hereby ORDERED that panel rehearing is granted. Pursuant to Third Circuit I.O.P. 9.5.1, any petition for rehearing is presumed to include a request for panel rehearing.

The Court will hear oral argument at 8:30 a.m. on Tuesday, September 20, 2011, with fifteen minutes allocated to each side. At oral argument, the parties should be prepared to address the following three questions:

(1) Can a person be a citizen of two states?

(2) What are the requirements of California law for a person to vote in that State?

(3) To what extent can a federal court interpret a state constitution?

If the parties wish, they may submit simultaneous written statements by 6:00 p.m. on Monday, September 19, 2011. In granting panel rehearing, the Court's order filed September 13 is vacated; provided, however, that Mr. Lewis will remain on the ballot until further order of the Court.

cc:

By the Court,

20110919

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