Armando Nieves Martinez v. United States
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARMANDO NIEVES MARTINEZ; No. 19-16953 AMELIA PESQUEIRA ORTEGA, on their behalf and on behalf of R.N.P.; D.C. No. ARMANDO NIEVES PESQUEIRA, 4:13-cv-00955- Plaintiffs-Appellants, CKJ-LAB
v.
ORDER
UNITED STATES OF AMERICA,
Defendant-Appellee.
Filed December 3, 2021
Before: William A. Fletcher and Sandra S. Ikuta, Circuit Judges, and Karen E. Schreier,* District Judge.
Order
* The Honorable Karen E. Schreier, United States District Judge for the District of South Dakota, sitting by designation. Judge Ikuta and Judge Schreier have voted to deny appellants’ petition for panel rehearing. Judge Fletcher voted to grant the petition for rehearing. Judge Ikuta voted to deny the petition for rehearing en banc and Judge Schreier so recommended. Judge Fletcher voted to grant the petition for rehearing en banc.
The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en…