ELIZABETH HASKELL V. KAMALA D. HARRIS, No. 10-15152 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on February 23, 2012.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 25 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELIZABETH AIDA HASKELL; REGINALD ENTO; JEFFREY PATRICK LYONS JR.; AAKASH DESAI, on behalf of themselves and others similarly situated, No. 10-15152 D.C. No. 3:09-cv-04779-CRB ORDER Plaintiffs - Appellants, v. KAMALA D. HARRIS, Attorney General of California; EVA STEINBERGER, Assistant Bureau Chief for DNA Programs, California Department of Justice, Defendants - Appellees. 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 Fed. R. App. P. 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. Page 2 Judges Nguyen, Watford and Hurwitz did not participate in the deliberations or vote as to whether the case should be taken en banc.

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