Joshua James FROST, Petitioner-Appellant, v. Ron VAN BOENING, Superintendent, Respondent-Appellee, 707 F.3d 1143

ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonre-cused 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.