Mark E. Schell v. the Chief Justice

PUBLISH
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
MARK E. SCHELL,
Plaintiff - Appellant.
v.
THE CHIEF JUSTICE AND JUSTICES
OF THE OKLAHOMA SUPREME
COURT; THE MEMBERS OF THE
OKLAHOMA BAR ASSOCIATION'S
BOARD OF GOVERNORS; JOHN M.
WILLIAMS, Executive Director,
Oklahoma Bar Association, all in their
official capacities,
Defendants - Appellees.
No. 20-6044
(D.C. No. 5:19-CV-00281-HE)
(W.D. Okla.)
_________________________________
ORDER
_________________________________
Before HARTZ, EBEL, and McHUGH, Circuit Judges.
_________________________________
This matter is before the court on the Petition for Panel Rehearing or Rehearing En
Banc (“Petition”) filed by Appellant. We also have a response from Appellees.
Pursuant to Federal Rule of Appellate Procedure 40, the petition for panel
rehearing is granted, in part, to the extent of the modifications in the attached revised
opinion. It is denied in all other respects.
FILED
United States Court of Appeals
Tenth Circuit
August 25, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 20-6044 Document: 010110566860 Date Filed: 08/25/2021 Page: 1

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2
The court’s June 29, 2021, opinion is withdrawn and replaced by the attached
revised opinion, which will be filed as of today’s date. Because the panel’s decision to
partially grant rehearing does not affect the outcome of this appeal, Appellant may not
file a second or successive rehearing petition. See 10th Cir. R. 40.3.
The Petition was transmitted to all non-recused judges of the court who are in
regular active service. As no member of the panel and no judge in regular active service
requested that the court be polled, the request for rehearing en banc is denied. See Fed. R.
App. P. 35(f).
Entered for the Court
CHRISTOPHER M. WOLPERT, Clerk
Appellate Case: 20-6044 Document: 010110566860 Date Filed: 08/25/2021 Page: 2

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