FILED FOR PUBLICATION AUG 04 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVEN PELESASA FUE, No. 12-55307

Petitioner-Appellant, D.C. No. 2:11-cv-02436-DMG-MRW v. Central District of California, Los Angeles MARTIN BITER, Warden,

Respondent-Appellee. ORDER

THOMAS, 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.