ORDER
On January 12, 2022, the panel's opinion issued in this matter, and the court's judgment entered the same day. An active judge of the court then called a poll, sua sponte, to consider en banc review of the panel decision. A majority of the non-recused active judges of the court voted not to rehear the case en banc, and as a result the poll failed. See Fed. R. App. P. 35(a).
Judges Hartz, Carson and Eid voted to grant en banc rehearing...
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