FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

KARL ADOLPH FRANTZ,  Petitioner-Appellant, No. 05-16024 v.  D.C. No. CV-04-00135-WDB HERBERT HAZEY; DORA B. SCHRIRO, Director, ORDER Respondents-Appellees.  Filed December 29, 2006

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3.

107 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2007 Thomson/West.