FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CONSTANTINO CARRERA,  Petitioner-Appellant, No. 08-99007 v. D.C. No. ROBERT L. AYERS Jr., Warden of  1:90-CV-00478- the California State Prison at San AWI Quentin, ORDER Respondent-Appellee.  Filed April 12, 2012

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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