# Pauly v. White

> Court of Appeals for the Tenth Circuit · April 11, 2016 · 817 F.3d 715

URL: https://www.frixlaw.com/law-library/cases/9822649

## Case

- **Full name:** Daniel T. PAULY, as Personal Representative of the Estate of Samuel Pauly, Deceased; Daniel B. Pauly, Plaintiffs-Appellees, v. Ray WHITE; Michael Mariscal; Kevin Truesdale, Defendants-Appellants, and State of New Mexico Department of Public Safety, Defendant
- **Court:** Court of Appeals for the Tenth Circuit
- **Decided:** April 11, 2016
- **Citations:** 817 F.3d 715; 2016 U.S. App. LEXIS 6871; 2016 WL 1425887
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Tymkovlch, Kelly, Briscoe, Lucero, Hartz, Gorsuch, Holmes, Matheson, Bacharach, Phillips, McHugh, Moritz
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9822649

## Opinion text

ORDER
This matter is before the court on the appellants’ Petition for Rehearing and Re *716 hearing En Banc. We also have a response from the appellees.
Upon consideration, the request for panel rehearing is denied by a majority of the original panel members-. Both the petition and response were also transmitted to all of the judges of the court who are in regular active service. Upon that submission, a poll was called. Via an equally divided vote, the poll did not carry. Consequently, the request for en banc consideration is also denied. See Fed. R.App. P. 35(a)(noting “[a] majority of the circuit judges who are in regular active service” may order en banc rehearing).
Chief Judge Tymkovich, as well as Judges Kelly, Hartz, Gorsuch, Holmes and Moritz would grant the en banc petition. Judge Phillips has filed a separate concurrence in support of the denial of en banc rehearing, which Judge Briscoe joins. Judge Hartz and Judge Moritz have written separately in dissent. Judge Gorsuch joins Judge Hartz’ dissent, and Judges Kelly, Hartz, Gorsuch and Holmes join Judge Moritz’ dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9822649. Public record. Not legal advice.