Samuel Villegas Lopez v. JANICE KBREWER, Governor of Arizona

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SAMUEL VILLEGAS LOPEZ,
Plaintiff - Appellant,
v.
JANICE K BREWER, Governor of
Arizona; CHARLES L. RYAN, Director,
Arizona Department of Corrections; RON
CREDIO, Warden, Arizona Department of
Corrections - Eyman; LANCE R.
HETMER, named as: Lance
Hetmer/Warden, Arizona Department of
Corrections - Florence; UNKOWN
PARTIES, named as: IV Team Leader; IV
Team Members 1-5; Special Operations
Team Leader; Special Operations Team
Recorder; Special Operations Team
Members 1-5; and Does 1-25,
Defendants - Appellees.
No. 12-16084
D.C. No. 2:12-cv-00245-NVW
District of Arizona,
Phoenix
ORDER
Before: THOMAS, Circuit Judge and Capital Case Coordinator.
A panel of this Court issued an opinion affirming the district court’s denial
of petitioner’s motion for a preliminary injunction and denying his motion for a
stay of execution. Petitioner filed a petition for rehearing and rehearing en banc.
The Warden elected not to file an optional response.
FILED
MAY 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Ordinarily an Order denying a Petition for Rehearing En Banc is not filed1
until the Court ascertains whether any judge wishes to file a dissent from
Rehearing En Banc or a concurrence in the Order. Given the time constraints, this
Order is being filed forthwith. Dissents or concurrences will be filed for
publication later if a judge so requests.
Pursuant to the rules applicable to capital cases when an execution date has
been scheduled, a deadline was established by which any judge could request a
vote on whether the panel's opinion should be reheard en banc. A judge timely
requested a vote on the petition for rehearing en banc. A majority of the judges
eligible to vote did not vote in favor of rehearing en banc. Judges Ikuta, Murguia,
and Nguyen were recused.
Therefore, the Petition for Rehearing En Banc is DENIED. En banc
proceedings with respect to the panel opinion are concluded. The panel will issue1
a separate order as to the petition for panel rehearing.

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