United States v. 2011-02-08 | 09-35276 | RICHARD LEE V. ROBERT LAMPERT | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 RICHARD R. LEE, No. 09-35276
Petitioner-Appellee, D.C. No.
v.  1:02-cv-00300-CL
ROBERT O. LAMPERT, ORDER
Respondent-Appellant. 
Filed February 8, 2011
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.
Judge Murguia did not participate in the deliberations or
vote in this case.
2329

-- 1 of 1 --