                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

RONALD HAYWARD,                             No. 06-55392
             Petitioner-Appellant,
                                               D.C. No.
               v.
                                            CV-05-07239-
JOHN MARSHALL, California Men’s               GAF(CT)
Colony East,
                                               ORDER
             Respondent-Appellee.
                                      
                     Filed May 16, 2008


                           ORDER

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 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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