Sara Lowry v. City of San Diego

FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS

SEP 16 2016

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

SARA LOWRY, No. 13-56141

Plaintiff-Appellant, D.C. No. 3:11-cv-00946-MMA-WMC v. Southern District of California, San Diego

CITY OF SAN DIEGO,

Defendant-Appellee. ORDER

THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as

precedent by or to any court of the Ninth Circuit.