Padilla v. Lever

Opinion

FILED

FOR PUBLICATION APR 20 2006 UNITED STATES COURT OF APPEALS CATHY A. CATTERSON, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS

SANDRA PADILLA; VICTOR No. 03-56259 SANCHEZ; ROSA ANDRADE, D.C. No. CV-02-01145-AHS

Plaintiffs - Appellants,

V. ORDER

ROSALYN LEVER, in her official capacity as Registrar of Voters, Orange County Registration and Elections Department; SUZANNE SLUPSKY, in her official capacity as Assistant Registrar of Voters, Orange County Registration and Elections Department,

Defendants - Appellees,

And

VIVIAN MARTINEZ,

Defendant.

Before: SCHROEDER, Chief Judge.

Upon the vote of a majority of nonrecused regular active judges of this

court, it is ordered that this case be reheard by the en banc court pursuant to Circuit

Rule 35-3. The three-judge panel opinion shall not be cited as precedent

by or to this court or any district court of the Ninth Circuit, except to the extent

adopted by the en banc court.