FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT NORSE,  Plaintiff-Appellant, v. CITY OF SANTA CRUZ; CHRISTOPHER KROHN, individually and in his official capacity as Mayor of the City of Santa Cruz; TIM No. 07-15814 FITZMAURICE; KEITH A. SUGAR; EMILY REILLY; ED PORTER; SCOTT  D.C. No. CV-02-01479-RMW KENNEDY; MARK PRIMACK, individually and in their official ORDER capacities as Members of the Santa Cruz City Council; LORAN BAKER, individually and in his official capacity as Sergeant of the Santa Cruz Police Department; STEVEN CLARK, Defendants-Appellees.  Filed March 12, 2010

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.

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