FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

DAVID SCOTT DETRICH,  Petitioner-Appellant, No. 08-99001 v. CHARLES L. RYAN, Director of  D.C. No. 4:03-cv-00229-DCB Arizona Department of Corrections, ORDER Repondent-Appellee.  Filed October 3, 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 Fed- eral Rule of Appellate Procedure 35(a) and Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as pre- cedent by or to any court of the Ninth Circuit.

Judge Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.

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