Nordyke v. King

Decision Date29 July 2009
Docket NumberNo. 07-15763.,07-15763.
Citation575 F.3d 890
PartiesRussell Allen NORDYKE; Ann Sallie Nordyke, dba TS Trade Shows; Jess B. Guy; Duane Darr; William J. Jones; Daryl N. David; Tasiana Westyschyn; Jean Lee; Todd Baltes; Dennis Blair, R.L. Adams; Roger Baker; Mike Fournier; Virgil McVicker, Plaintiffs-Appellants, v. Mary V. KING; Gail Steele; Wilma Chan; Keith Carson; Scott Haggerty; County of Alameda; County of Alameda Board of Supervisors, Defendants-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Esquire, Office of County Counsel, Oakland, CA, for Defendants-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Rawlinson did not participate in the deliberations or vote in this case.

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15 cases
  • State v. Sieyes
    • United States
    • Washington Supreme Court
    • 18 Febrero 2010
    ...to rehear the matter en banc. Although it cannot be cited as precedent "by or to any court of the Ninth Circuit," Nordyke v. King, 575 F.3d 890, 891 (9th Cir.2009) (Nordyke II), the panel decision persuasively applied the Second Amendment to the states via the due process clause. "The cruci......
  • Nordyke v. King
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 2 Mayo 2011
    ...standard of review for evaluating gun-control regulations. Nordyke IV was subsequently vacated and reheard en banc. See Nordyke v. King, 575 F.3d 890 (9th Cir.2009). But before the en banc panel issued its decision, the Supreme Court decided McDonald v. Chicago, ––– U.S. ––––, 130 S.Ct. 302......
  • Dorr v. Weber
    • United States
    • U.S. District Court — Northern District of Iowa
    • 18 Mayo 2010
    ...the Second Amendment. The Ninth Circuit granted a rehearing en banc of the Nordyke panel decision on July 29, 2009. Nordyke v. King, 575 F.3d 890, 891 (9th Cir.2009). In the order granting the rehearing, the court directed that “[t]he three-judge panel opinion shall not be cited as preceden......
  • U.S. v. Masciandaro
    • United States
    • U.S. District Court — Eastern District of Virginia
    • 26 Agosto 2009
    ...and concurring in the judgment))). 18. It is worth noting that the Ninth Circuit has since voted to rehear Nordyke en banc. See 575 F.3d 890 (9th Cir.2009) (Order). Of course, it is also worth noting that the bulk of the panel opinion in Nordyke confronted an issue not present in this case,......
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