Porter v. Jones

518 F.3d 1181, 2008 WL 659672

Opinions

Order; Dissent by Judge KLEINFELD.

ORDER

Judges Fisher and Clifton voted to deny the petition for rehearing en banc and Judge Martinez so recommends.

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. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The petition for rehearing en banc, filed August 27, 2007, is denied.

Judge Kleinfeld’s dissent from denial of rehearing en banc is filed concurrently herewith.