
    Damous D. NETTLES, Petitioner-Appellant, v. Randy GROUNDS, Warden, Respondent-Appellee.
    No. 12-16935.
    United States Court of Appeals, Ninth Circuit.
    Jan. 20, 2016.
    John Paul Balazs, Law Offices of John P. Balazs, Sacramento, CA, for Petitioner-Appellant.
    Phillip Lindsay, Esquire, Office of the Attorney General, San Diego, CA, 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.  