U.S. Court of Appeals for the Ninth Circuit, 2008

Richter v. Hickman

U.S. Court of Appeals for the Ninth Circuit · Decided November 10, 2008 · Callahan, Deliberations, Kozinski, Vote

548 F.3d 1236; 2008 U.S. App. LEXIS 23289; 2008 WL 4902383 (Federal Reporter, Third Series)

Opinion of the Court

*1237ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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.

Judge CALLAHAN did not participate in the deliberations or vote in this case.

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