Emiliano Santiago v. DONALD H. RUMSFELD, Secretary of No. 05-35005 Defense

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 EMILIANO SANTIAGO,
Petitioner-Appellant,
v.
DONALD H. RUMSFELD, Secretary of No. 05-35005 Defense; LES BROWNLEE, Secretary
of the United States Department of D.C. No.
 the Army (Acting); RAYMOND CV-04-01747-OMP
BYRNE, Acting Adjutant General of ORDER
the Oregon National Guard; DAVID
DORAN, Captain, Detachment One,
Company D, 113 Aviation Unit
Commander,
Respondents-Appellees. 
Filed April 7, 2005
Before: Sidney R. Thomas, Circuit Judge and
En Banc Coordinator.
ORDER
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.
4175

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