United States v. 2012-10-03 | 08-99001 | DETRICH V. RYAN | precedential | opinion |

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.
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