KOZINSKI
Juan Roberto Albino, Corcoran, CA, pro se. Andrea Renee St. Julian, Esquire, San Diego, CA, for Plaintiff–Appellant.
Catherine Mason Mathers, Collins Collins Muir & Stewart LLP, South Pasadena, CA, for Defendants–Appellees.
ORDER
KOZINSKI, 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.