Cindy Mendoza v. Kris Strickler

64 F.4th 1368

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 17, 2023
• Docket: 19-35506
• Status: Published

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CINDY MENDOZA; GLORIA No. 19-35506 BERMUDEZ; REBECCA HEATH; KARL WADE ROBERTS; CEKAIS D.C. No. 3:18-cv- TONI GANUELAS; LORI SPANO, 01634-HZ

Plaintiffs-Appellants,

v. ORDER KRIS STRICKLER, in his official capacity as Director of the Oregon Department of Transportation; AMY JOYCE, in her official capacity as Administrator of the Division of Motor Vehicles, Oregon Department of Transportation,

Defendants-Appellees.

Filed April 17, 2023

Before: Marsha S. Berzon and Daniel P. Collins, Circuit Judges, and Jennifer Choe-Groves, * Judge.

* The Honorable Jennifer Choe-Groves, Judge for the United States Court of International Trade, sitting by designation. 2 MENDOZA V. STRICKLER

SUMMARY **

Civil Rights

The panel denied on behalf of the court a petition for rehearing en banc in an action challenging the constitutionality of Oregon’s since-repealed system of suspending, without an inquiry into ability to pay, the driver’s licenses of persons who fail to pay the fines imposed on them in connection with traffic violations.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. MENDOZA V. STRICKLER 3

ORDER

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, 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. 35(a). Judge H.A. Thomas did not participate in the deliberations or vote in this case. The petition for rehearing en banc is DENIED.