BARNES-WALLACE v. CITY OF SAN DIEGO, 04-55732 (9th Cir. 6-11-2008)

The petition of Defendants-Appellees for panel rehearing is GRANTED. The certification order filed in this case on December 18, 2006, is withdrawn. A new certification order with accompanying concurrence and dissent is filed contemporaneously with the filing of this order. Subsequent petitions for rehearing or rehearing en banc may be filed.

The pending petition of defendants-appellees for rehearing en banc is dismissed as moot. No other petitions for panel or en banc hearing have been filed.