United States v. 2020-09-28 | 17-17257 | WALTER COOK, III V. SCOTT KERNAN | precedential | opinion |

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

WALTER JOSEPH COOK III,
Petitioner-Appellant,

v.

SCOTT KERNAN,
Respondent-Appellee.
No. 17-17257

D.C. No.
3:15-cv-06343-
WHA

ORDER

Filed September 28, 2020

Before: Consuelo M. Callahan, N. Randy Smith,
and Mary H. Murguia, Circuit Judges.

Order

2 COOK V. KERNAN

ORDER
Judge Callahan has voted to deny Appellant’s petition
for rehearing and petition for rehearing en banc. Judge N.R.
Smith has voted to deny Appellant’s petition for rehearing
and recommends denying the petition for rehearing en banc.
Judge Murguia has voted to grant the petition for rehearing
and rehearing en banc.
The full court has been advised of the petition for
rehearing en banc. A judge requested a vote on whether to
rehear the matter en banc. The matter failed to receive a
majority of votes of the nonrecused active judges in favor of
en banc consideration. Fed. R. App. P. 35(f).
The petition for rehearing and for rehearing en banc is
DENIED.