Opinion
20-5183
01-13-2023
Appeals from the United States District Court for the District of Columbia (No. 1:18-cv-01271)
On Petition for Rehearing En Banc
Before: SRINIVASAN, Chief Judge; HENDERSON , MILLETT, PILLARD , WILKINS, KATSAS, RAO, WALKER, CHILDS, and PAN, Circuit Judges
Circuit Judge Pillard did not participate in this matter.
ORDER
PER CURIAM.
Appellant's petition for rehearing en banc and the response thereto were circulated to the full court, and a vote was requested. Thereafter, a majority of the judges eligible to participate did not vote in favor of the petition. Upon consideration of the foregoing, it is
ORDERED that the petition be denied.
KAREN LECRAFT HENDERSON, Circuit Judge, dissenting from the denial of rehearing en banc: For the reasons explained in my panel dissent, which is hereby incorporated by reference thereto, Guffey v. Mauskopf, 45 F.4th 442, 452-62 (D.C. Cir. 2022) (Henderson, J., dissenting), I dissent from the denial of rehearing en banc.
Circuit Judge Henderson would grant the petition for rehearing en banc. A statement by Circuit Judge Henderson, dissenting from the denial of rehearing en banc, is attached.