FILED FOR PUBLICATION JUN 05 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RONALD TAYLOR, No. 11-55247 Petitioner - Appellant, D.C. No. 2:09-cv-05267-ODW-OP v. MATTHEW L. CATE, Secretary of the ORDER California Department of Corrections and Rehabilitation, Respondent - Appellee. 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.