
    Tio Dinero SESSOMS, Petitioner-Appellant, v. D.L. RUNNELS, Respondent-Appellee.
    No. 08-17790.
    United States Court of Appeals, Ninth Circuit.
    Dec. 15, 2011.
    Eric Martin Weaver, Law Offices of Eric M. Weaver, Albany, CA, for Petitioner-Appellant.
    
      Jeffrey Firestone, Deputy Attorney General, California Department of Justice Office of the Attorney General, Sacramento, CA, for Respondenh-Appellee.
   ORDER

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 Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.  