Robert Passmore, III v. Baylor Health Care

The Court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor, rehearing en banc is DENIED. In the en banc poll, 7 judges voted in favor of rehearing (Judges Jolly, *285Jones, Smith, Clement, Owen, Higginson, and Costa), and 8 judges voted against rehearing (Chief Judge Stewart and Judges Davis, Dennis, Prado, Elrod, Southwick, Haynes, and Graves). Upon the filing of this order, the Clerk shall issue the mandate forthwith. See Fed. R. App. P. 41(b).