Opinion
No. 17-15874
07-15-2019
Anthony Bernard SMITH, Jr., Petitioner-Appellant, v. Ron DAVIS, Respondent-Appellee.
ORDER
:
Upon the vote of a majority of nonrecused 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 disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.