United States v. 2010-06-18 | 08-16602 | HARRISON VGILLESPIE | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 JAMES M. HARRISON, No. 08-16602
Petitioner-Appellant, D.C. No.
v. 2:08-cv-00802-RCJ-  RJJDOUGLAS GILLESPIE,
Respondent-Appellee. ORDER

Filed June 18, 2010
ORDER
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it
is ordered that this case be reheard en banc pursuant to Circuit
Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judges Rawlinson and Bybee did not participate in the
deliberations or vote in this case.
9247

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