John Michael Kelly v. U.s. Census Bureau; U.s. Department of Commerce

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN MICHAEL KELLY,
Plaintiff - Appellant,
v.
U.S. CENSUS BUREAU; U.S.
DEPARTMENT OF COMMERCE,
Defendants - Appellees.
No. 11-17684
D.C. No. 3:10-cv-04507-JSW
Northern District of California,
San Francisco
ORDER AMENDING
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
The memorandum disposition filed on October 2, 2013 is amended as
follows:
Page 2, line 19: Replace “file” with “files.”
Page 3, line 13: At the end of the paragraph, add the following: “We also
deny Kelly’s requests on appeal that we disqualify the district court judge on
remand and assign the case to a new judge because of the judge’s allegedly biased
rulings, including his order denying summary judgment. See Liteky, 510 U.S. at
551, 555-56; see also Myers v. United States, 652 F.3d 1021, 1037-38 (9th Cir.
FILED
DEC 09 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2011); D’Lil v. Best Western Encina Lodge & Suites, 538 F.3d 1031, 1040-41 (9th
Cir. 2008).”
With these amendments, the petition for rehearing is DENIED.
We do not retain jurisdiction over this case.
The parties shall bear their own costs on appeal.
No further filings shall be accepted in this closed case.

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