United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT ____________

No. 13-5202 September Term, 2014 1:10-cv-01263-BAH Filed On: August 7, 2015 Matt Sissel,

Appellant

v.

United States Department of Health and Human Services, et al.,

Appellees

BEFORE: Rogers, Pillard, and Wilkins, Circuit Judges

ORDER

Upon consideration of Appellant’s petition for rehearing en banc, the response thereto, and the full court’s deliberation during the poll on whether to call for a vote on the petition, the panel considered whether we should “sua sponte vacate [our] judgment and rehear[] the case.” Murphy v. I.R.S., 493 F.3d 170, 173 (D.C. Cir. 2007); cf. RULES OF THE SUPREME COURT OF THE UNITED STATES, 13.3 (noting practice within the Courts of Appeals to “sua sponte consider[] rehearing”). Upon such further careful consideration, the panel reaffirms its opinion in Sissel v. U.S. Department of Health and Human Services, 760 F.3d 1 (D.C. Cir. 2014), and, it is

ORDERED that the rehearing be denied.

FOR THE COURT:

Mark J. Langer, Clerk

BY: /s/

Ken Meadows Deputy Clerk