FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

RICHARD D. HURLES, No. 08-99032 Petitioner-Appellant, D.C. No. v. 2:00-cv-0118-RCB CHARLES L. RYAN*, ORDER Respondent-Appellee.

Filed May 16, 2014 Before: Harry Pregerson, Dorothy W. Nelson, and Sandra S. Ikuta, Circuit Judges.

ORDER The warden’s Motion for Ruling on Respondent- Appellees’ Petition for Rehearing En Banc, filed February 1, 2013, is DENIED. The parties may file a petition for rehearing and rehearing en banc with respect to the opinion filed together with this order.

IT IS SO ORDERED.

* Charles L. Ryan is substituted for his predecessor, Dora B. Schriro, as Director for the Arizona Department of Corrections. Fed. R. App. P. 43(c)(2).