Full text
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID SCOTT DETRICH,
Petitioner-Appellant, No. 08-99001
v. D.C. No.
CHARLES L. RYAN, Director of 4:03-cv-00229-DCB
Arizona Department of ORDERCorrections,
Repondent-Appellee.
Filed October 3, 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-
eral Rule of Appellate Procedure 35(a) and Ninth Circuit Rule
35-3. The three-judge panel opinion shall not be cited as pre-
cedent by or to any court of the Ninth Circuit.
Judge Hurwitz did not participate in the deliberations or
vote as to whether the case should be taken en banc.
12227
-- 1 of 1 --
