FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

ANGELO DAHLIA , No. 10-55978 Plaintiff-Appellant, D.C. No. v. 2:09-cv-08453- MMM-JEM OMAR RODRIGUEZ, individually and as a Lieutenant of the Burbank Police Department; EDGAR ORDER PENARANDA , individually and as a Sergeant of the Burbank Police Department; JOSE DURAN , individually and as a Sergeant of the Burbank Police Department; CHRIS CANALES, individually and as a Detective of the Burbank Police Department; CITY OF BURBANK, a municipal corporation; JOHN MURPHY , individually and as a Lieutenant of the Burbank Police Department, Defendants-Appellees,

and

TIM STEHR, individually, Defendant. 2 DAHLIA V . RODRIGUEZ

Filed December 11, 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 Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.