FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACK KEVORKIAN, M.D.; JOHN

DOE,

No. 96-56405

Plaintiffs-Appellees,

D.C. No. v.

CV-94-06089 CBM

DIXON ARNETT, AS EXECUTIVE(Kx)

DIRECTOR OF THE MEDICAL BOARD

ORDER

DENYING OF CALIFORNIA,AND THE MEDICAL PETITION FOR BOARD OF CALIFORNIA, REHEARING AND Defendants, CORRECTING and ORDER OF FEBRUARY 27, 1998 DANIEL E. LUNGREN, ATTORNEY AND AMENDED GENERAL OF THE STATE OF ORDER CALIFORNIA, Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding Submitted February 5, 1998* Pasadena, California Filed February 27, 1998 Order Filed March 31, 1998 Amended March 31, 1998 Before: Betty B. Fletcher, Frank J. Magill,** and Thomas G. Nelson, Circuit Judges. *The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4. **Honorable Frank J. Magill, Senior United States Circuit Judge for the Eighth Circuit, sitting by designation. COUNSEL Thomas S. Lazar, Deputy Attorney General, San Diego, California, for the defendant-appellant. Mark E. Field, Long Beach, California, for the plaintiffsappellees. ORDER The petition for rehearing is denied. The Clerk is directed to remove from the February 27, 1998 order, the footnote: *This disposition is not appropriate for publication and may not be cited to or by the courts of this cir cuit except as provided by 9th Cir. Rule 36-3. and to publish the attached corrected order. ORDER In light of the Supreme Court decisions in Vacco v. Quill, 117 S. Ct. 2293 (1997), and Washington v. Glucksberg, 117 S. Ct. 2258 (1997) decided subsequent to the district court opinion, we vacate the district court's opinion and judgment and dismiss the appeal.