Smith v. Agdeppa

D.C. No. 2:19-cv-05370-CAS-JC

Before: Consuelo M. Callahan, Morgan Christen, and Daniel A. Bress, Circuit Judges.

ORDER

Judge Callahan and Judge Bress voted to deny the petition for rehearing en banc. Judge Christen voted to grant the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(a). Appellee's petition for rehearing en banc, Dkt. 65, is DENIED.