FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MICHAEL LACEY; JIM LARKIN;  PHOENIX NEW TIMES, LLC, Plaintiffs-Appellants, v. MARICOPA COUNTY, a public entity, No. 09-15703 JOSEPH ARPAIO, Sheriff, and AVA ARPAIO, husband and wife; DENNIS  D.C. No. 2:08-cv-00997- WILENCHIK and BECKY BARTNESS, SRB husband and wife; JOHN DOES I-X; JANE DOES I-X; BLACK CORPORATIONS, I-V; and WHITE PARTNERSHIPS, I-V, Defendants-Appellees. 

20217 20218 LACEY v. MARICOPA COUNTY

MICHAEL LACEY; JIM LARKIN;  PHOENIX NEW TIMES, LLC, Plaintiffs-Appellees, v. JOSEPH M. ARPAIO, Sheriff and husband; AVA ARPAIO, wife; JOHN No. 09-15806 DOES I-X; JANE DOES I-X; BLACK D.C. No. CORPORATIONS, I-V; WHITE PARTNERSHIPS, I-V; MARICOPA  2:08-cv-00997- SRB COUNTY ATTORNEY’S OFFICE, a public entity, ORDER Defendants, and DENNIS WILENCHIK; BECKY BARTNESS, wife, Defendants-Appellants.  Filed November 10, 2011

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.

Judges Silverman and Murguia did not participate in the deliberations or vote in this case.