No. 05-35005 | 9th Cir. | Apr 7, 2005
The request for initial hearing en banc on the Appellant’s motion for an injunction pending appeal was referred to the entire court. No judge requested a vote of the active non-recused judges on the initial hearing en banc request within the time established for requesting a vote.
Therefore, the request for initial hearing en banc on the motion for an injunction pending appeal is DENIED. The panel shall resume control of the case.