Frank Atwood v. David Shinn

FILED

FOR PUBLICATION

JUN 7 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK JARVIS ATWOOD, No. 22-15821

Plaintiff-Appellant, D.C. No. v. 2:22-cv-00860-MTL-JZB District of Arizona, DAVID SHINN, Director, Arizona Phoenix Department of Corrections, Rehabilitation & Reentry; et al.,

ORDER

Defendants-Appellees.

Before: S. R. THOMAS, Circuit Judge and Capital Case Coordinator

The three-judge panel has issued an opinion affirming the judgment of the

district court and denying the request for a stay of execution. The Appellant

subsequently filed a Petition for Rehearing En Banc. Pursuant to the rules

applicable to capital cases when an execution date has been scheduled, a deadline

was established for any judge to request a vote on whether the panel opinion

should be reheard en banc. No judge requested a vote within the established time

period. Therefore, en banc proceedings with respect to the panel opinion are

concluded. The Petition for Rehearing En Banc is denied. The…