FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 26 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JESSE JAMES ANDREWS, No. 09-99012 Petitioner-Appellant, D.C. No. 2:02-CV-08969-R Central District of California, v. Los Angeles RON DAVIS, ORDER Respondent-Appellee.

JESSE JAMES ANDREWS, No. 09-99013 Petitioner-Appellee, D.C. No. 2:02-CV-08969-R v. RON DAVIS, Respondent-Appellant.

THOMAS, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that these cases 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.

Judge Graber did not participate in the deliberations or vote in these cases.