FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT STEVIE LAMAR FIELDS, Petitioner-Appellant, v. No. 00-99005 JILL BROWN,* Warden, of D.C. No. California State Prison at San CV-92-00465-DT Quentin, Respondent-Appellee. STEVIE LAMAR FIELDS, Petitioner-Appellee, No. 00-99006 v. JILL BROWN,* Warden, of D.C. No. CV-92-00465-DT California State Prison at San ORDER Quentin, Respondent-Appellant. Filed September 21, 2006 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 this case be reheard *Jill Brown is substituted for her predecessor, Jeanne S. Woodford, as Warden of California State Prison at San Quentin. See Fed. R. App. P. 43(c)(2). **Judge Ikuta is recused. 11967 11968 FIELDS v. BROWN by the en banc court pursuant to Circuit Rule 35-3. The three- judge panel opinion 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. 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 © 2006 Thomson/West.