United States v. 2009-10-06 | 07-16640 | BYRD V. MARICOPA COUNTY SHERIFF'S DEPARTMENT | precedential…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 CHARLES EDWARD BYRD,
Plaintiff-Appellant,
No. 07-16640v.
D.C. No.MARICOPA COUNTY SHERIFF’S  CV-04-02701-NVWDEPARTMENT; JOSEPH M. ARPAIO;
KATHLEEN O’CONNELL; AUSTIN ORDER
PETERSON; DURANGO JAIL,
Defendants-Appellees. 
Filed October 6, 2009
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.
14533

-- 1 of 2 --

PRINTED FOR
ADMINISTRATIVE OFFICE—U.S. COURTS
BY THOMSON REUTERS/WEST—SAN FRANCISCO
The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2009 Thomson Reuters/West.

-- 2 of 2 --