FOR PUBLICATION                            FILED
                   UNITED STATES COURT OF APPEALS                         FEB 22 2024
                                                                      MOLLY C. DWYER, CLERK
                                                                       U.S. COURT OF APPEALS
                          FOR THE NINTH CIRCUIT

ANDREW TETER; JAMES GRELL,                      No.    20-15948

                Plaintiffs-Appellants,          D.C. No.
                                                1:19-cv-00183-ACK-WRP
  v.                                            District of Hawaii,
                                                Honolulu
ANNE E. LOPEZ; DARRYL NG,

ORDER

                Defendants-Appellees.

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.

       Judges Owens and Bennett did not participate in the deliberations or vote in

this case.