Ambler v. Nissen

PER CURIAM

Appeal from the United States District Court for the Western District of Texas USDC No. 1:20-CV-1068

Before SMITH, WIENER, and DOUGLAS, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

PER CURIAM

Treating the petition for rehearing en banc as a petition for panel rehearing (5TH CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (FED. R. APP. P. 35 and 5TH CIR. R. 35).

In the en banc poll, eight judges voted in favor of rehearing, Judges Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, and Wilson, and nine judges voted against rehearing, Chief Judge Elrod, and Judges Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, and Ramirez.