McLeod v. Astrue

640 F.3d 881

Opinion

FILED

FOR PUBLICATION FEB 08 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

GENE R. McLEOD, No. 09-35190

Plaintiff-Appellant, D.C. No. 9:07-CV-52-JCL

v. ORDER

MICHAEL J. ASTRUE, Commissioner of Social Security Administration,

Defendant-Appellee.

Before: KLEINFELD, TASHIMA, and TALLMAN, Circuit Judges.

The last sentence of the order filed February 4, 2011 stating “No petitions

for rehearing or petitions for rehearing en banc will be entertained, and the

mandate shall issue in due course” is withdrawn so that the court can consider

Appellee’s petition for panel rehearing.

Appellee’s petition for panel rehearing is deemed to be appropriately filed.