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.