318 F.3d 1156
Lawrence S. BITTAKER, Petitioner-Appellee,
Jeanne S. WOODFORD, Warden, California State Prison of San Quentin, Respondent-Appellant.
United States Court of Appeals, Ninth Circuit.
January 29, 2003.
SCHROEDER, Chief Judge.
Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be heard by the en banc court pursuant to Circuit Rule 35-3.
Judge Trott was recused