
    Brian Joseph McMONAGLE, Petitioner-Appellant, v. Don L. MEYER, Chief Probation Officer, Sacramento County, Respondent-Appellee.
    No. 12-15360.
    United States Court of Appeals, Ninth Circuit.
    April 3, 2015.
    Charles Marchand Bonneau, II, Esquire, Sacramento, CA, for Petitioner-Appellant.
    Brian G. Smiley, Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Respondent-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.  