                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

THEODORE BEECH MEDLEY,                       No. 05-55295
             Petitioner-Appellant,
               v.                              D.C. No.
                                            CV-03-01509-LGB
D. L. RUNNELS, Warden,
                                                ORDER
            Respondent-Appellee.
                                      
                     Filed April 30, 2007

          Before: Mary M. Schroeder, Chief Judge.


                           ORDER

   Upon the vote of a majority of nonrecused regular active
judges of this court, it is ordered that this case be reheard by
the en banc court pursuant to Circuit Rule 35-3. The three-
judge panel unpublished disposition shall not be cited as pre-
cedent by or to this court or any district court of the Ninth
Circuit, except to the extent adopted by the en banc court.




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