Brian Joseph McMONAGLE, Petitioner-Appellant, v. Don L. MEYER, Chief Probation Officer, Sacramento County, Respondent-Appellee

ORDER

THOMAS, Chief Judge:

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 opinion shall not be cited as precedent by or to any court of the Ninth Circuit.