¶1Jacob M. Weisberg, Law Office of Jacob M. Weisberg, Fresno, CA, for Petitioner-Appellee.
¶2R. Todd Marshall, Marcia A. Fay, Esq., Office of the California Attorney General, Sacramento, CA, for Respondenfi-Appel-lant.
¶3D.C. No. CV-02-06202-DLB, Eastern District of California, Fresno.
¶4Before: MYRON H. BRIGHT,* D.W. NELSON, and MARSHA S. BERZON, Circuit Judges.
¶6ORDER
¶7The petition for panel rehearing is GRANTED.
¶8The opinion filed March 23, 2007, slip op. 3449, and published at 481 F.3d 734 (9th Cir.2007) is hereby vacated. The case has been resolved in an unpublished memorandum disposition.
¶9The petition for rehearing en banc is DENIED as moot.