FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 30 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

EZZARD CHARLES ELLIS, No. 16-56188

Petitioner-Appellant, D.C. No. 5:05-cv-00520-SJO-JEM v. Central District of California, Riverside C. M. HARRISON, Warden, ORDER Respondent-Appellee.

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 disposition in this case shall not be

cited as precedent by or to any court of the Ninth Circuit.