Kristin Perry, et al v. Arnold Schwarzenegger, et al
Filing
406
Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) We deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant in these appeals. As a result, Storey is not entitled to petition for rehearing. See Day v. Apoliona, 505 F.3d 963, 964 (9th Cir. 2007) (“Under Federal Rule of Appellate Procedure 35(b), only a party to a matter before this court may petition for rehearing or rehearing en banc.”). We therefore dismiss his petition for rehearing en banc. [8077667] [10-16696, 11-16577] (KKW)
FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KRISTIN M. PERRY; et al.,
Plaintiffs - Appellees,
CITY AND COUNTY OF SAN
FRANCISCO,
Intervenor-Plaintiff -
FEB 22 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
No. 10-16696
D.C. No. 3:09-cv-02292-VRW
Northern District of California,
San Francisco
ORDER
Appellee,
v.
EDMUND G. BROWN, Jr., in his official
capacity as Governor of California; et al.,
Defendants,
HAK-SHING WILLIAM TAM,
Intervenor-Defendant,
and
DENNIS HOLLINGSWORTH; et al.,
Intervenor-Defendants Appellants.
KRISTIN M. PERRY; et al.,
Plaintiffs - Appellees,
No. 11-16577
D.C. No. 3:09-cv-02292-JW
Northern District of California,
CITY AND COUNTY OF SAN
FRANCISCO,
San Francisco
Intervenor-Plaintiff Appellee,
v.
EDMUND G. BROWN, Jr., in his official
capacity as Governor of California; et al.,
Defendants,
HAK-SHING WILLIAM TAM,
Intervenor-Defendant,
and
DENNIS HOLLINGSWORTH; et al.,
Intervenor-Defendants Appellants.
Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.
We deny as untimely the motion of Chuck Storey, County Clerk of Imperial
County, to intervene as a Defendant-Appellant in these appeals. As a result, Storey is
not entitled to petition for rehearing. See Day v. Apoliona, 505 F.3d 963, 964 (9th Cir.
2007) (“Under Federal Rule of Appellate Procedure 35(b), only a party to a matter
before this court may petition for rehearing or rehearing en banc.”). We therefore
dismiss his petition for rehearing en banc.
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