93 F.4th 1150

9th Cir.

2024

ANDREW TETER; JAMES GRELL, Plaintiffs-Appellants, v. ANNE E. LOPEZ; DARRYL NG, Defendants-Appellees.

No. 20-15948

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FEB 22 2024

D.C. No. 1:19-cv-00183-ACK-WRP District of Hawaii, Honolulu

FOR PUBLICATION

ORDER

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion is vacated.

Judges Owens and Bennett did not participate in the deliberations or vote in this case.