FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

GREGORY DICKENS, No. 08-99017 Petitioner-Appellant, D.C. No. v. CV-01-757- PHX-NVW CHARLES RYAN , Respondent-Appellee.

ORDER

Filed January 4, 2013

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.