Estate of Timothy Gene Smith v. Dan Escamilla

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAY 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

ESTATE OF TIMOTHY GENE SMITH, by No. 23-55074 his successor in interest Wyatt Allen Gunner Smith; WYATT ALLEN GUNNER SMITH, D.C. No. 3:16-cv-02989-WQH-MSB Plaintiffs-Appellants, Southern District of California, San Diego and

ORDER

SANDY LYNN SIMMONS,

Plaintiff,

v.

DANIEL O. ESCAMILLA,

Defendant-Appellee,

and

SCOTT R. HOLSLAG; et al.,

Defendants.

Before: WARDLAW, FRIEDLAND, and SUNG, Circuit Judges.

The memorandum disposition filed on March 14, 2024, is amended and filed

concurrently with this order. With that, the panel has unanimously voted to deny

the petition for panel rehearing. No future petitions for rehearing will be

entertained.

DENIED.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ESTATE OF TIMOTHY GENE SMITH, by No. 23-55074 his successor in interest Wyatt Allen Gunner Smith; WYATT ALLEN GUNNER SMITH, D.C. No. 3:16-cv-02989-WQH-MSB…