Jesse James ANDREWS, Petitioner-Appellant, v. Ron DAVIS, Respondent-Appellee. Jesse James Andrews, Petitioner-Appellee, v. Ron Davis, Respondent-Appellant.

Judge Graber did not participate in the deliberations or vote in these cases.

ORDER

Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.