Narrative Opinion Summary
An en banc rehearing has been ordered for certain cases by the majority vote of non-recused active judges, in accordance with Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The previous disposition by the three-judge panel in these cases is not to be cited as precedent within the Ninth Circuit. Judges Graber, Murguia, Owens, and Friedland abstained from deliberations and voting on these cases.
Legal Issues Addressed
En Banc Rehearing Procedures under Federal Rule of Appellate Procedure 35(a)subscribe to see similar legal issues
Application: The case was ordered for an en banc rehearing by a majority vote of non-recused active judges, following the guidelines set forth by Federal Rule of Appellate Procedure 35(a).
Reasoning: An en banc rehearing has been ordered for certain cases by the majority vote of non-recused active judges, in accordance with Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3.
Judicial Recusal in En Banc Proceedingssubscribe to see similar legal issues
Application: Judges Graber, Murguia, Owens, and Friedland abstained from deliberations and voting in the en banc proceedings.
Reasoning: Judges Graber, Murguia, Owens, and Friedland abstained from deliberations and voting on these cases.
Precedential Value of Panel Decisions Post-En Banc Ordersubscribe to see similar legal issues
Application: The decision made by the three-judge panel cannot be cited as precedent within the Ninth Circuit following the en banc order.
Reasoning: The previous disposition by the three-judge panel in these cases is not to be cited as precedent within the Ninth Circuit.