Byrd

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES EDWARD BYRD, 

Plaintiff-Appellant, v. No. 07-16640 MARICOPA COUNTY SHERIFF’S  D.C. No.

CV-04-02701-NVW

DEPARTMENT; JOSEPH M. ARPAIO;

KATHLEEN O’CONNELL; AUSTIN ORDER

PETERSON; DURANGO JAIL,

Defendants-Appellees.  Filed October 6, 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.

14533

PRINTED FOR

ADMINISTRATIVE OFFICE—U.S. COURTS

BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.