Upon the vote of a majority of nonrecused active judges, it is ordered that this *1189case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit.
Ellis v. Harrison, 914 F.3d 1188 (2019)
Jan. 30, 2019
·
United States Court of Appeals for the Ninth
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No. 16-56188
914 F.3d 1188
Ezzard Charles ELLIS, Petitioner-Appellant,
v.
C. M. HARRISON, Warden, Respondent-Appellee.
No. 16-56188
United States Court of Appeals, Ninth Circuit.
FILED JANUARY 30, 2019
ORDER