FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TIO DINERO SESSOMS,  No. 08-17790 Petitioner-Appellant, D.C. No. v.  2:05-cv-01221- D. L. RUNNELS, JAM-GGH Respondent-Appellee.  ORDER Filed December 15, 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.

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