FILED
FOR PUBLICATION DEC 11 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANGELO DAHLIA, No. 10-55978
Plaintiff - Appellant, D.C. No. 2:09-CV-08453-MMM-
JEM
v.
OMAR RODRIGUEZ, individually and ORDER
as a Lieutenant of the Burbank Police
Department; EDGAR PENARANDA,
individually and as a Sergeant of the
Burbank Police Department; JOSE
DURAN, individually and as a Sergeant
of the Burbank Police Department;
CHRIS CANALES, individually and as
a Detective of the Burbank Police
Department; CITY OF BURBANK, a
municipal corporation; JOHN
MURPHY, individually and as a
Lieutenant of the Burbank Police
Department,
Defendants - Appellees,
and
TIM STEHR, individually,
Defendant.
Page 2
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 Circuit Rule 35–3. The three-judge panel opinion shall not be cited as
precedent by or to any court of the Ninth Circuit.