Joshua James Frost v. RON VAN BOENING, Superintendent

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSHUA JAMES FROST,
Petitioner-Appellant,
v.
RON VAN BOENING, Superintendent,
Respondent-Appellee.
No. 11-35114
D.C. No.
2:09-cv-00725-
TSZ
ORDER
Filed February 25, 2013
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
Federal Rule of Appellate Procedure 35(a) and Circuit Rule
35–3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.

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