STEVEN FUE V. MARTIN BITER, No. 12-55307 (9th Cir. 2016)

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This opinion or order relates to an opinion or order originally issued on January 15, 2016.

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FILED FOR PUBLICATION AUG 04 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STEVEN PELESASA FUE, Petitioner-Appellant, v. No. 12-55307 D.C. No. 2:11-cv-02436-DMG-MRW Central District of California, Los Angeles MARTIN BITER, Warden, Respondent-Appellee. ORDER 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.

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