                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

DAVID SCOTT DETRICH,                 
             Petitioner-Appellant,          No. 08-99001
               v.
CHARLES L. RYAN, Director of                 D.C. No.
                                         4:03-cv-00229-DCB
Arizona Department of
Corrections,                                   ORDER
             Repondent-Appellee.
                                     
                   Filed October 3, 2012


                          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 Fed-
eral Rule of Appellate Procedure 35(a) and Ninth Circuit Rule
35-3. The three-judge panel opinion shall not be cited as pre-
cedent by or to any court of the Ninth Circuit.

  Judge Hurwitz did not participate in the deliberations or
vote as to whether the case should be taken en banc.




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