
    Darryl TOLBERT, Petitioner-Appellant, v. James H. GOMEZ, Director; William Duncan, Warden; Attorney General Of The State Of California, Respondents-Appellees.
    No. 97-55004.
    United States Court of Appeals, Ninth Circuit.
    Nov. 12, 1998.
    Before: HUG, Chief Judge.
   ORDER

Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en bane court pursuant to Circuit Rule 35-3.  