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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIZABETH AIDA HASKELL;
REGINALD ENTO; JEFFREY PATRICK
LYONS, JR.; AAKASH DESAI, on
behalf of themselves and others
similarly situated, No. 10-15152
Plaintiffs-Appellants, D.C. No.
v. 3:09-cv-04779-CRB
KAMALA D. HARRIS, Attorney ORDER
General of California; EVA
STEINBERGER, Assistant Bureau
Chief for DNA Programs,
California Department of Justice,
Defendants-Appellees.
Filed July 25, 2012
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 Fed.
R. App. P. 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.
Judges Nguyen, Watford and Hurwitz did not participate in
the deliberations or vote as to whether the case should be
taken en banc.
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