September Term, 2014 1:10-cv-01263-BAH Filed On: August 7, 2015 Matt Sissel v. United States Department of Health and Human Services

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 13-5202 September Term, 2014
1:10-cv-01263-BAH
Filed On: August 7, 2015
Matt Sissel,
Appellant
v.
United States Department of Health and
Human Services, et al.,
Appellees
BEFORE: Rogers, Pillard, and Wilkins, Circuit Judges
O R D E R
Upon consideration of Appellant’s petition for rehearing en banc, the response
thereto, and the full court’s deliberation during the poll on whether to call for a vote on
the petition, the panel considered whether we should “sua sponte vacate [our] judgment
and rehear[] the case.” Murphy v. I.R.S., 493 F.3d 170, 173 (D.C. Cir. 2007); cf. RULES
OF THE SUPREME COURT OF THE UNITED STATES, 13.3 (noting practice within the Courts of
Appeals to “sua sponte consider[] rehearing”). Upon such further careful consideration,
the panel reaffirms its opinion in Sissel v. U.S. Department of Health and Human
Services, 760 F.3d 1 (D.C. Cir. 2014), and, it is
ORDERED that the rehearing be denied.
FOR THE COURT:
Mark J. Langer, Clerk
BY: /s/
Ken Meadows
Deputy Clerk

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