Smith v. Davis, 931 F.3d 829 (2019)

July 15, 2019 · United States Court of Appeals for the Ninth · No. 17-15874
931 F.3d 829
Anthony Bernard SMITH, Jr., Petitioner-Appellant, v. Ron DAVIS, Respondent-Appellee.

Anthony Bernard SMITH, Jr., Petitioner-Appellant,
v.
Ron DAVIS, Respondent-Appellee.

No. 17-15874

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2019

ORDER

THOMAS, 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 disposition in this case shall not be cited as *830precedent by or to any court of the Ninth Circuit.