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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
J. K. J., individually, and successor in
interest to the Deceased Aleah Jenkins, by by
and through his guardian-ad-litem Jeremy
Hillyer,
Plaintiff-Appellant,
v.
CITY OF SAN DIEGO, a public entity;
DAVID NISLET, in his individual capacity
and official capacity as Police Chief of the
San Diego Police Department; LAWRENCE
DURBIN, an individual; JASON TAUB, an
individual; DOES, 1-10, Inclusive,
Defendants-Appellees,
and
NICHOLAS CASICOLA,
Defendant.
No. 20-55622
D.C. No.
3:19-cv-02123-CAB-RBB
Southern District of California,
San Diego
ORDER
MURGUIA, 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 is vacated.
FILED
FEB 17 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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