Frank Jarvis Atwood v. DAVID SHINN, Director, Arizona Department of Corrections, Rehabilitation & Reentry

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANK JARVIS ATWOOD,
Plaintiff-Appellant,
v.
DAVID SHINN, Director, Arizona
Department of Corrections,
Rehabilitation & Reentry; JAMES
KIMBLE, Warden, ASPC-Eyman;
JEFFREY VAN WINKLE, Warden,
ASPC-Florence; LANCE HETMER,
Assistant Director for Prison
Operations, Arizona Department of
Corrections, Rehabilitation &
Reentry; MARK BRNOVICH, Attorney
General, Attorney General of
Arizona; UNKNOWN PARTY, Named
as John Doe - Arizona-Licensed
Pharmacist,
Defendants-Appellees.
No. 22-15821
D.C. No.
2:22-cv-00860-
MTL-JZB
ORDER
Filed June 7, 2022
Before: S. R. THOMAS, Circuit Judge and Capital
Case Coordinator

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ATWOOD V. SHINN 2
ORDER
The three-judge panel has issued an opinion affirming the
judgment of the district court and denying the request for a
stay of execution. The Appellant subsequently filed a
Petition for Rehearing En Banc. Pursuant to the rules
applicable to capital cases when an execution date has been
scheduled, a deadline was established for any judge to request
a vote on whether the panel opinion should be reheard en
banc. No judge requested a vote within the established time
period. Therefore, en banc proceedings with respect to the
panel opinion are concluded. The Petition for Rehearing En
Banc is denied. The panel opinion affirming the district court
is the final order of this Court pertaining to this appeal.
The mandate shall issue forthwith.

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