FILED FOR PUBLICATION AUG 04 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STEVEN PELESASA FUE, No. 12-55307 Petitioner-Appellant, D.C. No. 2:11-cv-02436-DMG-MRW v. Central District of California, Los Angeles MARTIN BITER, Warden, Respondent-Appellee. 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 opinion shall not be cited as precedent by or to any court of the Ninth Circuit.