Filed: Feb. 19, 2019
Latest Update: Mar. 03, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-41243 February 19, 2019 Lyle W. Cayce BRUCE M. ANDERSON, Clerk Plaintiff - Appellee v. ROGELIO VALDEZ, In his Individual and Official Capacities, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON PETITION FOR REHEARING Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: Anderson notes that after we issued ou
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-41243 February 19, 2019 Lyle W. Cayce BRUCE M. ANDERSON, Clerk Plaintiff - Appellee v. ROGELIO VALDEZ, In his Individual and Official Capacities, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON PETITION FOR REHEARING Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: Anderson notes that after we issued our..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-41243 February 19, 2019
Lyle W. Cayce
BRUCE M. ANDERSON, Clerk
Plaintiff - Appellee
v.
ROGELIO VALDEZ, In his Individual and Official Capacities,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
ON PETITION FOR REHEARING
Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges.
PER CURIAM:
Anderson notes that after we issued our decision, Gregory Perkes was
nominated by the Governor to once again serve as a justice on the Thirteenth
Court of Appeals. This relates “to changed circumstances since the case was
decided by the district court” and by our panel, which do not provide grounds
for panel rehearing. 1 Our decision and denial of rehearing are “[w]ithout
1 Anastasiadis v. S.S. Little John,
347 F.2d 823 (5th Cir. 1965) (mem.); see also
Armster v. U.S. Dist. Court,
806 F.2d 1347, 1356 (9th Cir. 1986) (“A panel is simply not
capable of having overlooked or misapprehended ‘points of . . . fact’ occurring subsequent to
its initial decision.”); 16AA Fed. Prac. & Proc. Juris. § 3986.1 (4th ed.) (“New factual material,
No. 17-41243
prejudice to [the] pursuit of any appropriate remedies which may be available
in the district court.” 2 We express no opinion on the availability of further relief
in the context of the close professional relationship between judge and staff
attorney.
The petition for panel rehearing is denied.
including material concerning events occurring after the initial decision, is not likely to be
considered [in a petition for panel rehearing].”).
2
Anastasiadis, 347 F.2d at 823.
2