Joshua Frost v. Ron Van Boening

FOR PUBLICATION

FILED

UNITED STATES COURT OF APPEALS

FEB 25 2013

FOR THE NINTH CIRCUIT

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

JOSHUA JAMES FROST, No. 11-35114

Petitioner - Appellant, D.C. No. 2:09-cv-00725-TSZ

v.

ORDER

RON VAN BOENING, Superintendent,

Respondent - Appellee.

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 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.