Joshua Frost v. Ron Van Boening

U.S. Court of Appeals for the Ninth Circuit February 25, 2013

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2013 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

Petitioner - Appellant, D.C. No. 2:09-cv-00725-TSZ

v. ORDER RON VAN BOENING, Superintendent,

Respondent - Appellee.

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.