Anthony Smith v. Ron Davis

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 15 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY BERNARD SMITH, Jr., No. 17-15874

Petitioner-Appellant, D.C. No.

2:15-cv-01785-JAM-AC

v. Eastern District of California, Sacramento

RON DAVIS, ORDER

Respondent-Appellee.

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.