Cindy Mendoza v. Kris Strickler

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT CINDY MENDOZA; GLORIA No. 19-35506 BERMUDEZ; REBECCA HEATH; KARL WADE ROBERTS; CEKAIS D.C. No. 3:18-cv- TONI GANUELAS; LORI SPANO, 01634-HZ

Plaintiffs-Appellants,

v. ORDER KRIS STRICKLER, in his official capacity as Director of the Oregon Department of Transportation; AMY JOYCE, in her official capacity as Administrator of the Division of Motor Vehicles, Oregon Department of Transportation,

Defendants-Appellees. Filed April 17, 2023

Before: Marsha S. Berzon and Daniel P. Collins, Circuit

Judges, and Jennifer Choe-Groves, * Judge. 2 MENDOZA V. STRICKLER

SUMMARY ** Civil Rights

The panel denied on behalf of the court a petition for rehearing en banc in an action challenging the constitutionality of Oregon’s since-repealed system of suspending, without an inquiry into ability to pay, the driver’s licenses of persons who fail to pay the fines imposed on them in connection with traffic violations.

MENDOZA V. STRICKLER 3

ORDER

The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc, and the matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. See FED. R. APP. P. 35(a). Judge H.A. Thomas did not participate in the deliberations or vote in this case.

The petition for rehearing en banc is DENIED.