Frank Jarvis Atwood v. DAVID SHINN, Director

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANK JARVIS ATWOOD,
Applicant,
v.
DAVID SHINN, Director,
Respondent.
No. 22-70084
ORDER
Filed May 31, 2022
Before: S.R. THOMAS, Capital Case Coordinator and
Circuit Judge.
ORDER
On May 27, 2022, the three judge panel issued an order
denying the application for leave to file a second or
successive habeas petition in the district court. Pursuant to
28 U.S.C. § 2244(b)(3)(E), parties are not permitted to file a
petition for rehearing or rehearing en banc as to the panel’s
action. However, rehearing en banc may be granted if a judge
sua sponte requests a vote on whether to rehear the panel’s
order en banc. See Thompson v. Calderon, 151 F.3d 918, 922
(9th Cir. 1998) (en banc).
Pursuant to the rules applicable to capital cases when an
execution date has been scheduled, a deadline was established

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ATWOOD V. SHINN 2
for any judge to request a vote on whether the panel’s order
denying the application should be reheard en banc. No judge
requested a vote on whether the order should be reheard en
banc within the established time period. Therefore, en banc
proceedings with respect to the order are concluded. The
panel’s order denying the application is the final order of this
Court pertaining to the application.

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