Butler v. Bd. of Cnty. Commissioners for San Miguel Cnty.

This matter is before the court on the appellant's Petition for Rehearing En Banc . We also have a response from the appellees.

The petition and response were circulated to all judges of the court who are in regular active service. A poll was called, and a majority of the judges voted to deny the request for en banc review. See Fed. R. App. P. 35(a). Consequently, the petition is denied.

Judges Briscoe, Lucero, Phillips and McHugh voted to grant en banc rehearing. Judge Lucero has prepared the attached written dissent from the denial of en banc rehearing, in which Judges Briscoe, Phillips and…