Witt v. Department of Air Force

548 F.3d 1264, 2008 WL 5101565

Opinions

Order; Dissent by Judge O’SCANNLAIN; Dissent by Judge KLEINFELD; Dissent by Judge KOZINSKI.

ORDER

The panel voted to deny the Appellees’ Petition for Rehearing.

The full court has been advised of the Petition for Rehearing En Banc. A judge of the court requested a vote on whether to rehear the case en banc. However, the en banc call failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R.App. P. 35.

The Appellees’ Petition for Rehearing and the Petition for Rehearing En Banc are DENIED.