FILED
FOR PUBLICATION OCT 03 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID SCOTT DETRICH, No. 08-99001
Petitioner - Appellant, D.C. No. 4:03-cv-00229-DCB
v.
ORDER
CHARLES L. RYAN, Director of
Arizona Department of Corrections,
Repondent - Appellee.
KOZINSKI, 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 Ninth Circuit Rule 35-3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.
Judge Hurwitz did not participate in the deliberations or vote as to whether
the case should be taken en banc.