Pakseresht

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JESSICA BATES, No. 23-4169 D.C. No. Plaintiff - Appellant, 2:23-cv-00474- AN v.

Director FARIBORZ ORDER PAKSERESHT, in his official capacity as Director of the Oregon Department of Human Services; Deputy Director LIESL WENDT, in her official capacity as Deputy Director of the Oregon Department of Human Services; APRILLE FLINT- GERNER, in her official capacity as Interim Director of the Oregon Department of Human Services Child Welfare Division; REBECCA GARRISON, in her official capacity as certification supervisor for the Oregon Department of Human Services office in Malheur County; CECILIA GARCIA, in her official capacity as certification officer for the Oregon Department of Human Services office in Malheur Count,

Defendants - Appellees. Filed February 13, 2026

Before: Michael Daly Hawkins, Richard R. Clifton, and Daniel A. Bress, Circuit Judges.

ORDER

A judge of this court sua sponte requested a vote on whether to rehear this case en banc. A vote was taken, and the matter failed to receive a majority of the votes of the nonrecused…