JOSHUA FROST V. RON VAN BOENING, No. 11-35114 (9th Cir. 2013)

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This opinion or order relates to an opinion or order originally issued on August 22, 2012.

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FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2013 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JOSHUA JAMES FROST, Petitioner - Appellant, No. 11-35114 D.C. No. 2:09-cv-00725-TSZ v. ORDER RON VAN BOENING, Superintendent, Respondent - 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 Circuit Rule 35 3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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