¶1Eric Martin Weaver, Law Offices of Eric M. Weaver, Albany, CA, for Petitioner-Appellant.
¶2*1105Jeffrey Firestone, Deputy Attorney General, California Department of Justice Office of the Attorney General, Sacramento, CA, for Respondenh-Appellee.
¶3ORDER
¶5Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.