FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT THEODORE BEECH MEDLEY,  No. 05-55295 Petitioner-Appellant, v.  D.C. No. CV-03-01509-LGB D. L. RUNNELS, Warden, ORDER Respondent-Appellee.  Filed April 30, 2007 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. The three- judge panel unpublished disposition shall not be cited as pre- cedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

4827 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.