Opinion
No. 06-55392.
May 16, 2008.
Joseph V. Camarata, Law Office of Joseph V. Camarata, Vallejo, CA, Michael Satris, Bolinas, CA, for Petitioner-Appellant.
Julie L. Garland, AGCA-Office of the California, Attorney General, San Diego, CA, for Respondent-Appellee.
ORDER
Upon 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.