THOMAS, Chief Judge
FOR PUBLICATION
D.C. No. 1:14-cv-00423-MJS
Eastern District of California, Fresno
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 disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.