Schell v. OK Supreme Court Justices, et al.

, No. 20-6044 (10th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on June 29, 2021.

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Appellate Case: 20-6044 Document: 010110566860 Date Filed: 08/25/2021 Page: 1 PUBLISH FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS August 25, 2021 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court MARK E. SCHELL, Plaintiff - Appellant. v. THE CHIEF JUSTICE AND JUSTICES OF THE OKLAHOMA SUPREME COURT; THE MEMBERS OF THE OKLAHOMA BAR ASSOCIATION'S BOARD OF GOVERNORS; JOHN M. WILLIAMS, Executive Director, Oklahoma Bar Association, all in their official capacities, No. 20-6044 (D.C. No. 5:19-CV-00281-HE) (W.D. Okla.) Defendants - Appellees. _________________________________ ORDER _________________________________ Before HARTZ, EBEL, and McHUGH, Circuit Judges. _________________________________ This matter is before the court on the Petition for Panel Rehearing or Rehearing En Banc (“Petition”) filed by Appellant. We also have a response from Appellees. Pursuant to Federal Rule of Appellate Procedure 40, the petition for panel rehearing is granted, in part, to the extent of the modifications in the attached revised opinion. It is denied in all other respects. Appellate Case: 20-6044 Document: 010110566860 Date Filed: 08/25/2021 Page: 2 The court’s June 29, 2021, opinion is withdrawn and replaced by the attached revised opinion, which will be filed as of today’s date. Because the panel’s decision to partially grant rehearing does not affect the outcome of this appeal, Appellant may not file a second or successive rehearing petition. See 10th Cir. R. 40.3. The Petition was transmitted to all non-recused judges of the court who are in regular active service. As no member of the panel and no judge in regular active service requested that the court be polled, the request for rehearing en banc is denied. See Fed. R. App. P. 35(f). Entered for the Court CHRISTOPHER M. WOLPERT, Clerk 2

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