Jeffrey Landrigan v. Janice Brewer
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEFFREY TIMOTHY LANDRIGAN, No. 10-99021 Plaintiff-Appellee, D.C. No. v. JANICE K. BREWER; CHARLES L. 2:10-cv-02246-ROS District of Arizona, RYAN; ERNEST TRUJILLO; CARSON Phoenix
MCWILLIAMS,
ORDER
Defendants-Appellants. Filed October 26, 2010
Before: Pamela Ann Rymer, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges.
Order; Concurrence by Judge Wardlaw; Dissent by Chief Judge Kozinski
ORDER
A judge of this court sua sponte called for this case to be reheard en banc. A vote was taken, and a majority of the active judges of the court did not vote for a rehearing en banc. Fed. R. App. 35(f). The call for this case to be reheard en banc is DENIED.
Circuit Judges WARDLAW and W. FLETCHER, with whom Judges PREGERSON and BERZON join, concurring in the denial of rehearing en banc:
As Chief Justice Roberts, writing for the three-justice plu- rality, observed in Baze v. Rees, 553 U.S. 35, 62 (2008), 18029 18030 LANDRIGAN v. BREWER “[o]ur society has . . . steadily moved to more humane meth- ods of carrying out capital punishment. The…