                  FOR PUBLICATION
  UNITED STATES COURT OF APPEALS
       FOR THE NINTH CIRCUIT

RICHARD CRAIG KESSER,                 
             Petitioner-Appellant,         No. 02-15475
               v.                           D.C. No.
STEVEN J. CAMBRA, JR., Warden,            CV-96-03452-PJH
             Respondent-Appellee.
                                      

JENNIFER GAYLE LEAHY,                     No. 01-17467
             Petitioner-Appellant,
               v.                           D.C. No.
                                          CV-97-01407-PJH
TEENA FARMON, Warden,
                                              ORDER
             Respondent-Appellee.
                                      
                   Filed October 14, 2005

          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 these cases be reheard
by the en banc court pursuant to Circuit Rule 35-3. The three-
judge panel opinion in Kesser v. Cambra, No. 02-15475, shall
not be cited as precedent 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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