FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 15 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANTHONY BERNARD SMITH, Jr., No. 17-15874 Petitioner-Appellant, D.C. No. 2:15-cv-01785-JAM-AC v. Eastern District of California, Sacramento RON DAVIS, 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.