
    Theodore WASHINGTON, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.
    Nos. 05-99009, 07-15536.
    United States Court of Appeals, Ninth Circuit.
    Dec. 31, 2015.
    Gilbert Henry Levy, Law Offices of Gilbert H. Levy, Seattle, WA, for Petitioner-Appellant.
    Laura Chiasson, Esquire, Assistant Attorney General, AGAZ-Office of the Arizona Attorney General, Tucson, AZ, for Respondent-Appellee.
   ORDER

THOMAS, 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.

Judges MURGUIA and HURWITZ did not participate in the deliberations or vote in this case.  