Thivierge v. Town of Amesbury, et al

Filing 66

ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Rogeriee Thompson, Appellate Judge granting motion to file oversized petition for rehearing en banc; denying motion to amend petition; denying petition for panel rehearing and rehearing en banc filed by Appellant James N. Thivierge. [10-1389] (GK)

United States Court of Appeals
For the First Circuit
No. 10-1389
JAMES N. THIVIERGE,
Plaintiff, Appellant,
v.
TOWN OF AMESBURY, ET AL.,
Defendants, Appellees.
________________________
Before
Lynch, Chief Judge,
Torruella, Boudin, Lipez, Howard and Thompson,
Circuit Judges.

ORDER OF COURT
Entered: September 26, 2011
The motion seeking leave to file an oversized petition for rehearing en banc is granted and
the court hereby accepts the petition and addendum submitted to this court on July 5, 2011. To the
extent that a separate motion seeks to file a further amendment to that petition, that request is denied.
Pursuant to this court's Internal Operating Procedure X.C., we treat a petition for rehearing
en banc also as a petition for rehearing before the original panel. The petition for rehearing having
been denied by the panel of judges who decided the case and the petition for rehearing en banc
having been submitted to the active judges of this court and a majority of the judges not having voted
that the case be heard en banc, it is ordered that the petition for rehearing and petition for rehearing
en banc be denied.
By the Court:
/s/ Margaret Carter, Clerk.

cc:
Katharine I. Doyle
Mark R. Reich
James N. Thivierge