FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 17 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

J. K. J., individually, and successor in No. 20-55622 interest to the Deceased Aleah Jenkins, by by and through his guardian-ad-litem Jeremy D.C. No. Hillyer, 3:19-cv-02123-CAB-RBB Southern District of California, Plaintiff-Appellant, San Diego

v. ORDER

CITY OF SAN DIEGO, a public entity; DAVID NISLET, in his individual capacity and official capacity as Police Chief of the San Diego Police Department; LAWRENCE DURBIN, an individual; JASON TAUB, an individual; DOES, 1-10, Inclusive,

Defendants-Appellees,

and

NICHOLAS CASICOLA,

Defendant.

MURGUIA, 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 opinion is vacated.