FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 26 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

THE GEO GROUP, INC., No. 20-56172

Plaintiff-Appellant, D.C. Nos. 3:19-cv-02491-JLS-WVG and 3:20-cv-00154-JLS-WVG Southern District of California, UNITED STATES OF AMERICA, San Diego

Plaintiff, ORDER

v.

GAVIN NEWSOM, in his official capacity as Governor of the State of California; ROB BONTA, in his official capacity as Attorney General of the State of California,

Defendants-Appellees,

and

STATE OF CALIFORNIA,

Defendant. UNITED STATES OF AMERICA, No. 20-56304

Plaintiff-Appellant, D.C. Nos. 3:19-cv-02491-JLS-WVG and 3:20-cv-00154-JLS-WVG

THE GEO GROUP, INC.,

Plaintiff,

v.

GAVIN NEWSOM, in his official capacity as Governor of the State of California; ROB BONTA, in his official capacity as Attorney General of the State of California; STATE OF CALIFORNIA,

Defendants-Appellees.

MURGUIA, 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 is vacated.

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