FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD CRAIG KESSER, Petitioner-Appellant, No. 02-15475 v. D.C. No. STEVEN J. CAMBRA, JR., Warden, CV-96-03452-PJH Respondent-Appellee. JENNIFER GAYLE LEAHY, No. 01-17467 Petitioner-Appellant, v. D.C. No. CV-97-01407-PJH TEENA FARMON, Warden, ORDER Respondent-Appellee. Filed October 14, 2005 Before: Mary M. Schroeder, Chief Judge. ORDER Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that these cases be reheard by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel opinion in Kesser v. Cambra, No. 02-15475, shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court. 14343 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.