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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIAN A. BUCKLEY,
Petitioner-Appellee, No. 03-55045
v. D.C. No.
CV-00-02435-JSLC. A. TERHUNE, Director of the
CDC, ORDER
Respondent-Appellant.
Filed August 2, 2005
Before: Mary M. Schroeder, Chief Judge.
ORDER
Upon the vote of a majority of nonrecused regular active
judges of this court,1 it is ordered that this case be reheard by
the en banc court pursuant to Circuit Rule 35-3. The three-
judge panel opinion shall not be cited as precedent by or to
this court or any district court of the Ninth Circuit, except to
the extent adopted by the en banc court.
1Judge Hawkins is recused.
10087
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