FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 20 2016
FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
DAMOUS D. NETTLES, No. 12-16935
Petitioner - Appellant, D.C. No. 1:11-cv-01201-AWI-JLT
v.
ORDER
RANDY GROUNDS, Warden,
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.