Medley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THEODORE BEECH MEDLEY,  No. 05-55295 Petitioner-Appellant, v.  D.C. No.

CV-03-01509-LGB

D. L. RUNNELS, Warden,

ORDER

Respondent-Appellee.  Filed April 30, 2007

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 this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel unpublished disposition shall not be cited as pre- cedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc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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