Millender

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AUGUSTA MILLENDER; BRENDA 

MILLENDER; WILLIAM JOHNSON,

Plaintiffs-Appellees, v.

COUNTY OF LOS ANGELES; ROBERT

J. LAWRENCE; CURT

MESSERSCHMIDT, No. 07-55518 Defendants-Appellants, and  D.C. No.

CV-05-02298-DDP

LOS ANGELES COUNTY SHERIFF’S ORDER

DEPARTMENT; SHERIFF LEROY BACA;

SCOTT WALKER; RICK RECTOR;

DONALD NICHIPORUK; RICHARD

SCHLEGEL; DEPUTY BRICE STELLA;

JACK DEMELLO; DAVID O’SULLIVAN;

JAMES RITENOUR; IAN STADE,

Defendants.  Filed October 2, 2009

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.

Judge Pregerson did not participate in the deliberations or vote in this case.

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