Ronald Hayward v. John Marshall

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RONALD HAYWARD,  No. 06-55392 Petitioner-Appellant, D.C. No. v.  CV-05-07239- JOHN MARSHALL, California Men’s GAF(CT) Colony East,

ORDER

Respondent-Appellee.  Filed May 16, 2008

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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