FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JUAN ROBERTO ALBINO , No. 10-55702 Plaintiff-Appellant, D.C. No. v. 2:08-cv-03790- GAF-MLG LEE BACA , Los Angeles County Sheriff; LOS ANGELES COUNTY , Defendants-Appellees. ORDER

Filed March 12, 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.