FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 16 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

RONALD ROSS, No. 16-16533

Petitioner-Appellant, D.C. No. 2:14-cv-01527-JCM-PAL v. District of Nevada, Las Vegas WILLIAMS, Warden; ATTORNEY GENERAL FOR THE STATE OF ORDER NEVADA,

Respondents-Appellees.

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.

Judges Miller and Bade did not participate in the deliberations or vote in this

case.