
    Gregory DICKENS, Petitioner-Appellant, v. Charles RYAN, Respondent-Appellee.
    No. 08-99017.
    United States Court of Appeals, Ninth Circuit.
    Jan. 4, 2013.
    Dale A. Baich, Esquire, Robin C. Konrad, Esquire, Assistant Federal Public Defenders, Federal Public Defender’s Office, Phoenix, AZ, for Petitioner-Appellant.
    John Pressley Todd, Esquire, Assistant Attorney General, Arizona Attorney General’s Office, Phoenix, AZ, for Respondent-Appellee.
    D.C. No. CV-01-757-PHX-NVW.
   ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonre-cused 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.  