April 3, 2026·1:17-cv-00676-JLT-EPG·Published·Murgia·By Aisha Johnson
The United States Court of Appeals for the Ninth Circuit has ordered a rehearing of this case en banc. The original three-judge panel opinion is hereby vacated.
This appeal arose from a civil action filed in the Eastern District of California concerning prisoner rights.
The court’s reasoning
Upon the vote of a majority of nonrecused active judges, the court determined that the case warranted a rehearing en banc pursuant to Federal Rule of Appellate Procedure forty and Circuit Rule forty-three.
What it means going forward
The legal status of the original panel decision is nullified pending the en banc rehearing.
