Bates v. Pakseresht

Court of Appeals for the Ninth Circuit·Decided February 13, 2026·No. 23-4169·Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JESSICA BATES, No. 23-4169 D.C. No.

Plaintiff - Appellant,

2:23-cv-00474-

AN

v.

Director FARIBORZ ORDER PAKSERESHT, in his official capacity as Director of the Oregon Department of Human Services; Deputy Director LIESL WENDT, in her official capacity as Deputy Director of the Oregon Department of Human Services; APRILLE FLINT- GERNER, in her official capacity as Interim Director of the Oregon Department of Human Services Child Welfare Division; REBECCA GARRISON, in her official capacity as certification supervisor for the Oregon Department of Human Services office in Malheur County; CECILIA GARCIA, in her official capacity as certification officer for the Oregon Department of Human Services office in Malheur Count,

Defendants - Appellees.

2 BATES V. PAKSERESHT

Filed February 13, 2026

Before: Michael Daly Hawkins, Richard R. Clifton, and Daniel A. Bress, Circuit Judges.

ORDER

A judge of this court sua sponte requested a vote on whether to rehear this case en banc. A vote was taken, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See Fed. R. App. P. 40.

Rehearing en banc is DENIED.

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Bates v. Pakseresht, (9th Cir. 2026).

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