Donald Beaty v. Janice Brewer

ORDER

Pursuant to the rules applicable to capital cases in which an execution date has been scheduled, a deadline was established *1072by which any judge could request a vote on whether the panel’s order should be reheard en banc. A judge requested a vote on whether to rehear the panel’s decision en banc. Judges Silverman and Ikuta were recused and did not participate in the vote.

A majority of the non-recused active judges did not vote in favor of rehearing en banc. Therefore, the panel’s order is the final order of this Court. A copy of the panel order, along with a copy of the district court…