Victor Parsons v. Charles Ryan

ORDER

The panel voted to deny the petition for rehearing en banc; the petition was subsequently withdrawn. The full court was so notified.

A judge then 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 reconsideration. Fed. R. App. P. 35.

Judge Ikuta’s dissent from denial of rehearing en banc is filed concurrently with this Order.

The mandate shall issue forthwith.

The Supreme Court has established two straightforward principles that are applicable to this appeal. First, before certifying a class, a court must ensure that all members of the potential class have the same sort of claim, and that the claim is susceptible to classwide resolution. See Wal-Mart Stores, Inc. v. Dukes, — U.S. —, 131 S.Ct. 2541, 2551 , 180 L.Ed.2d 374 (2011). Second, a prisoner does not have an Eighth Amendment claim merely because the prisoner is incarcerated in a prison with a defective medical system. See Lewis v. Casey, 518 U.S. 343, 349-51 , 116 S.Ct. 2174 , 135 L.Ed.2d 606 (1996); cf. Estelle v. Gamble, 429 U.S. 97, 104 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976). Today, the court turns…