FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
THOMAS PAUL WEST; GREGORY
DICKENS; CHARLES M. HEDLUND;
ROBERT W. MURRAY; THEODORE
WASHINGTON; TODD SMITH,
Plaintiffs-Appellants, No. 11-16707
v. D.C. No.
2:11-cv-01409-
JANICE K BREWER, Governor of
Arizona; CHARLES L. RYAN, NVW
Director, Arizona Department of District of Arizona,
Corrections; ERNEST TRUJILLO; Phoenix
CARSON MCWILLIAMS, Warden, ORDER
Arizona Department of
Corrections- Florence; UNKNOWN
PARTIES, named as Does 1-50,
Defendants-Appellees.
Filed July 18, 2011
Before: Sidney R. Thomas, Circuit Judge and Capital Case
Coordinator.
ORDER
Pursuant to the rules applicable to capital cases in which an
execution date has been scheduled, a deadline was established
by which any judge could request a vote on whether the
panel’s order denying the Emergency Motion for a Temporary
Restraining Order should be reheard en banc. No judge
requested a vote on whether to rehear the panel’s decision en
banc within the time period established. Therefore, the peti-
tion for rehearing en banc is denied and en banc proceedings
9451
9452 WEST v. BREWER
are concluded with respect to the Emergency Motion for a
Temporary Restraining Order.
The three-judge panel will issue a separate order concern-
ing the petition for panel rehearing. Judges McKeown, Clif-
ton, and Bea did not participate.
Statement of REINHARDT, Circuit Judge:
This is a brief explanation of why I am not calling for
rehearing en banc. I consider such a call futile in light of the
recent decisions of this court in Beaty v. Brewer, No.
11-99007, 2011 WL 2040916 (9th Cir. May 25, 2011), Cook
v. Brewer, No. 11-15743, 2011 WL 1213095 (9th Cir. April
1, 2011), and Cook v. Brewer, 637 F.3d 1002 (9th Cir. 2011),
decisions I believe to be clearly erroneous, as well as the
Supreme Court’s decision in Baze v. Rees, 553 U.S. 35
(2008), a case on which it would be injudicious for me to
comment. Thus, while I believe that West’s execution will
violate the Constitution, I can play no further role in seeking
to protect his constitutional rights.