Byrd v. Maricopa Cnty SD, et al

Filing 920091006

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CHARLES EDWARD BYRD, Plaintiff-Appellant, v. MARICOPA COUNTY SHERIFF'S DEPARTMENT; JOSEPH M. ARPAIO; KATHLEEN O'CONNELL; AUSTIN PETERSON; DURANGO JAIL, Defendants-Appellees.

No. 07-16640 D.C. No. CV-04-02701-NVW ORDER

Filed October 6, 2009

ORDER KOZINSKI, Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

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