ATWOOD v. SHINN ASPC ASPC (2022)

United States Court of Appeals, Ninth Circuit.

Frank Jarvis ATWOOD, Plaintiff-Appellant, v. David SHINN, Director, Arizona Department of Corrections, Rehabilitation & Reentry; James Kimble, Warden, ASPC-Eyman; Jeffrey Van Winkle, Warden, ASPC-Florence; Lance Hetmer, Assistant Director for Prison Operations, Arizona Department of Corrections, Rehabilitation & Reentry; Mark Brnovich, Attorney General, Attorney General of Arizona; Unknown Party, Named as John Doe - Arizona-Licensed Pharmacist, Defendants-Appellees.

No. 22-15821

Decided: June 07, 2022

Before: S. R. THOMAS, Circuit Judge and Capital Case Coordinator

ORDER

The three-judge panel has issued an opinion affirming the judgment of the district court and denying the request for a stay of execution. The Appellant subsequently filed a Petition for Rehearing En Banc. Pursuant to the rules applicable to capital cases when an execution date has been scheduled, a deadline was established for any judge to request a vote on whether the panel opinion should be reheard en banc. No judge requested a vote within the established time period. Therefore, en banc proceedings with respect to the panel opinion are concluded. The Petition for Rehearing En Banc is denied. The panel opinion affirming the district court is the final order of this Court pertaining to this appeal.

The mandate shall issue forthwith.

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