SUR PETITION FOR PANEL REHEARING
Julio M. Fuentes Circuit Judge
The Petition for Panel Rehearing filed by the Appellant in the above-entitled matter, having been submitted to the judges who participated in the decision of this court is hereby GRANTED. The opinion and judgment entered May 11, 2011 are hereby vacated.
The Clerk is instructed to reinstate the appeal in No. 10-1305. The matter will be submitted to the next available merits panel.
IT IS SO ORDERED.