Santiago

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EMILIANO SANTIAGO, 

Petitioner-Appellant, v. DONALD H. RUMSFELD, Secretary of Defense; LES BROWNLEE, Secretary No. 05-35005 of the United States Department of the Army (Acting); RAYMOND  D.C. No.

CV-04-01747-OMP

BYRNE, Acting Adjutant General of

ORDER

the Oregon National Guard; DAVID DORAN, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.  Filed April 7, 2005

Before: Sidney R. Thomas, Circuit Judge and En Banc Coordinator.

ORDER

The request for initial hearing en banc on the Appellant’s motion for an injunction pending appeal was referred to the entire court. No judge requested a vote of the active non- recused judges on the initial hearing en banc request within the time established for requesting a vote.

Therefore, the request for initial hearing en banc on the motion for an injunction pending appeal is DENIED. The panel shall resume control of the case.

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The summary, which does not constitute a part of the opinion of the court,…