Kesser

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD CRAIG KESSER, 

Petitioner-Appellant, No. 02-15475 v.  D.C. No. STEVEN J. CAMBRA, JR., Warden, CV-96-03452-PJH Respondent-Appellee. 

JENNIFER GAYLE LEAHY,  No. 01-17467 Petitioner-Appellant, v.  D.C. No.

CV-97-01407-PJH

TEENA FARMON, Warden,

ORDER

Respondent-Appellee.  Filed October 14, 2005

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that these cases be reheard by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel opinion in Kesser v. Cambra, No. 02-15475, shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

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