Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections, 309 F.3d 1193

ORDER

In response to the Motion for Clarification, the Court notes that when a ease is heard or reheard en banc, the en banc panel assumes jurisdiction over the entire case, see 28 U.S.C. § 46(c), regardless of the issue or issues that may have caused any member of the Court to vote to hear the case en banc. If the Court votes to hear or rehear a case en banc, the en banc panel may, in its discretion, choose to limit the issues it considers. See, e.g., Rand v.

Rowland, 154 F.3d 952, 954 n. 1 (9th Cir.1998); United States v. Perez, 116 F.3d 840, 843 n. 2 (9th Cir.1997). However, the en banc panel is under no obligation to do so. Neither General Order 5.2, nor the procedural posture of this case, alters this rule.

Thus, when the Court requests that the parties brief the question of whether a case should be heard or reheard by an en banc panel, it is referring to the entire case.

Case Details

Case Name: Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Nov 4, 2002

Citations: 309 F.3d 1193; 2002 Cal. Daily Op. Serv. 10944; 2002 U.S. App. LEXIS 22990; 2002 WL 31487543; 98-99002

Docket Number: 98-99002

Court Abbreviation: 9th Cir.