FILED FOR PUBLICATION AUG 05 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JESUS ALCAZAR, No. 09-35003 Plaintiff, D.C. No. 2:06-cv-00281-RSM and ORDER CESAR ROSAS, Plaintiff - Appellant, v. THE CORPORATION OF THE CATHOLIC ARCHBISHOP OF SEATTLE; HORATIO YANEZ, Defendants - Appellees.

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.