FILED UNITED STATES COURT OF APPEALS FEB 18 2011 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

JESSE ROBIDOUX; et al., No. 09-16674 Plaintiffs - Appellants, D.C. No. 2:06-cv-02334-LKK- DAD v. Eastern District of California, Sacramento BRIAN ROSENGREN; et al., Defendants - Appellees. ORDER

Before: NOONAN, PAEZ, and BEA, Circuit Judges.

The mandate issued on February 14, 2011 was issued in error. The mandate is recalled. The request for publication filed on January 28, 2011 is GRANTED.

The memorandum disposition filed on January 21, 2011 is WITHDRAWN. A superseding opinion will be filed in due course.