Summary
The United States Court of Appeals for the Ninth Circuit denied rehearing en banc in Bates v. Pakseresht. The court stated that the matter failed to receive a majority vote of the nonrecused active judges in favor of en banc consideration, citing Federal Rule of Appellate Procedure 40.
Court
United States Court of Appeals for the Ninth Circuit
Writing for the Court
Michael Daly Hawkins; Richard R. Clifton; Daniel A. Bress
Jurisdiction
United States Court of Appeals for the Ninth Circuit
Decision date
February 13, 2026
Docket number
23-4169
Procedural posture
Order denying sua sponte-requested rehearing en banc.
Precedential value
Published
Parties
Jessica Bates v. Fariborz Pakseresht, in his official capacity as Director of the Oregon Department of Human Services, Liesl Wendt, in her official capacity as Deputy Director of the Oregon Department of Human Services, Aprille Flint-Gerner, in her official capacity as Interim Director of the Oregon Department of Human Services Child Welfare Division, Rebecca Garrison, in her official capacity as certification supervisor for the Oregon Department of Human Services office in Malheur County, Cecilia Garcia, in her official capacity as certification officer for the Oregon Department of Human Services office in Malheur County
Disposition
other
Topics
appellate procedurecivil procedure
Practice areas
appellate procedurecivil procedure
Questions Presented
- Whether the case should be reheard en banc after a sua sponte request by a judge of the Ninth Circuit.
Holdings
- Rehearing en banc is denied because the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.
Key quotations
“A vote was taken, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.” (2)
“Rehearing en banc is DENIED.” (2)
Factual background
The order contains no substantive factual background; it addresses only whether the case should be reheard en banc.
Procedural history
A judge of the Ninth Circuit sua sponte requested a vote on whether to rehear the case en banc. The vote failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.
Court Document
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