Feb. 28, '11 Court Document: Illegal Entry Ruling Stands in Appeals Court
- UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KATHLEEN ESPINOSA, individually
and as personal representative of the Estate
of decedent Asa Sullivan; et al.,
Plaintiffs - Appellees,
CITY AND COUNTY OF SAN
FRANCISCO; et al.,
JOHN KEESOR, Police Officer; et al.,
Defendants - Appellants.
D.C. No. 3:06-cv-04686-JSW
Northern District of California,
Before: HUG and PAEZ, Circuit Judges, and WU, * District Judge.
The panel has voted to deny appellants' petition for rehearing. Judge Paez
has voted to deny the petition for rehearing en banc, and Judge Hug has so
recommended. Judge Wu has recommended granting the petition for rehearing en
banc in part and rejecting it in part.
FEB 28 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 08-16853 02/28/2011 ID: 7661439 DktEntry: 58 Page: 1 of 2
The full court was 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 the votes of the nonrecused active judges in favor of en banc
consideration. Fed. R. App. P. 35.
The petition for panel rehearing and the petition for rehearing en banc are