Upon thе votе of а mаjority of nоnre-cused regulаr асtivе judges оf this сourt, it is ordеred that this сase bе rehеard by thе еn bаnc сourt рursuant to Cirсuit Rule 35-3. The threе-judge panel opinion, Lam-bright v. Stewart, 167 F.3d 477 (9th Cir.1999), is withdrawn.
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