U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
October 3, 2012
DAVID SCOTT DETRICH, PETITIONER - APPELLANT,
CHARLES L. RYAN, DIRECTOR OF ARIZONA DEPARTMENT OF CORRECTIONS, REPONDENT - APPELLEE.
D.C. No. 4:03-cv-00229-DCB
The opinion of the court was delivered by: Kozinski, Chief Judge:
FOR PUBLICATION UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
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 Ninth 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 Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.
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