FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

R. E. B., individually and on behalf of his minor child, J.B., Plaintiff-Appellant,

v.

STATE OF HAWAII DEPARTMENT OF EDUCATION; KATHRYN MATAYOSHI, in her official capacity as Superintendent of the Hawaii Public Schools,

Defendants-Appellees.

No. 14-15895

D.C. No. 1:13-cv-00016-DKW-BMK

ORDER

Filed April 3, 2018

Before: Michael Daly Hawkins, Carlos T. Bea, and Jacqueline H. Nguyen,[1] Circuit Judges.

2 R.E.B. V. STATE OF HAWAII DEP’T OF EDUC.

ORDER

The panel, as reconstituted, has voted to grant Defendants-Appellees’ Petition for Panel Rehearing. Judges Bea and Nguyen have voted to deny the Petition for Rehearing En Banc, and Judge Hawkins so recommended.

The Petition for Panel Rehearing is GRANTED. The Opinion and dissent filed on September 13, 2017, are withdrawn, and this case is resubmitted pending further order of this court.

The Petition for Rehearing En Banc is DENIED as moot.

  1. Judge Kozinski, originally a member of the panel, retired before action could be taken on these petitions. Judge Nguyen was drawn in his place.
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