James Erin McKinney v. Charles L. Ryan

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES ERIN MCKINNEY,
Petitioner-Appellant,
v.
CHARLES L. RYAN,
Respondent-Appellee.
No. 09-99018
D.C. No.
2:03-cv-00774-DGC
ORDER
Filed March 12, 2014
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.
Judges Silverman, Murguia and Hurwitz did not
participate in the deliberations or vote in this case.

-- 1 of 1 --