ORDER
This matter is before the court on petitioner’s Petition for Rehearing En Bane and/or Panel Rehearing. We also have a response, as well as a reply. The original panel has considered the request for panel rehearing, as well as the other pleadings on file, and that request is denied.
The entire petition, as well as the response and reply, were also circulated to all the judges of the court who are in regular active service. A poll was called, and a majority of the court voted to deny the en banc request. Consequently, the *1303petition for en banc hearing is also denied. See Fed. R. App. P. 35(a). Judges Lucero and Hartz voted to allow en banc reconsideration.