FILED FOR PUBLICATION DEC 11 2012

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

ANGELO DAHLIA, No. 10-55978

Plaintiff - Appellant, D.C. No. 2:09-CV-08453-MMM- JEM v.

OMAR RODRIGUEZ, individually and ORDER as a Lieutenant of the Burbank Police Department; EDGAR 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. Page 2

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.