U.S. Court of Appeals for the Ninth Circuit, 2004

Diaz v. Gates

U.S. Court of Appeals for the Ninth Circuit · Decided November 18, 2004 · Schroeder

389 F.3d 869; 2004 WL 2634566 (Federal Reporter, Third Series)

Opinion of the Court

ORDER

SCHROEDER, Chief Judge.

Upon the vote of a majority of nonre-cused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

. Judges O’Scannlain and Fisher are recused.

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