FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EMILIANO SANTIAGO,  Petitioner-Appellant, v. DONALD H. RUMSFELD, Secretary of Defense; LES BROWNLEE, Secretary No. 05-35005 of the United States Department of the Army (Acting); RAYMOND  D.C. No. CV-04-01747-OMP BYRNE, Acting Adjutant General of ORDER the Oregon National Guard; DAVID DORAN, Captain, Detachment One, Company D, 113 Aviation Unit Commander, Respondents-Appellees.  Filed April 7, 2005 Before: Sidney R. Thomas, Circuit Judge and En Banc Coordinator.

ORDER The request for initial hearing en banc on the Appellant’s motion for an injunction pending appeal was referred to the entire court. No judge requested a vote of the active non- recused judges on the initial hearing en banc request within the time established for requesting a vote.

Therefore, the request for initial hearing en banc on the motion for an injunction pending appeal is DENIED. The panel shall resume control of the case.

4175 PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2005 Thomson/West.