MOTLEY V PARKS, (9th Cir. 2005)

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FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DARLA MOTLEY; JUAN JAMERSON,

Plaintiffs-Appellants,

v. No. 02-56648

BERNARD PARKS; DARYL GATES;

GERALD CHALEFF; HERBERT D.C. No.

BOECKMAN; T. WARREN JACKSON; CV-00-01472-

ROBERT M. TALCOTT; RAYMOND C. MMM

FISHER; GUADALUPE SANCHEZ; ORDER

GREGORY KADING; AL RUEGG;

JAMES BLACK; LAWRENCE WEBSTER;

DEAN HANSELL,

Defendants-Appellees.

Filed March 21, 2005

Before: Mary M. Schroeder, Chief Judge.

ORDER

Upon the vote of a majority of nonrecused regular active

judges of this court,1 it is ordered that this case be reheard by

the en banc court pursuant to Circuit Rule 35-3. The three-

judge panel opinion shall not be cited as precedent by or to

this court or any district court of the Ninth Circuit, except to

the extent adopted by the en banc court.

1Judge Fisher is recused. ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.

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