FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHARLES FRANKLIN MURDOCH, Jr.,  Petitioner-Appellant, No. 05-55665 v. D.C. No. ROY CASTRO, Warden; BILL  CV-99-06900- LOCKYER, Attorney General, RSWL Attorney General of the State of ORDER California, Respondents-Appellees.  Filed October 9, 2008

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.

14565 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 © 2008 Thomson Reuters/West.