THOMAS, Chief Judge
FOR PUBLICATION
D.C. No. 3:11-cv-00946-MMA-WMC
Southern District of California, San Diego
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.