Case: 10-16751

02/22/2012

ID: 8077585

DktEntry: 87

Page: 1 of 2

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FEB 22 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

KRISTIN M. PERRY; et al., Plaintiffs - Appellees, CITY AND COUNTY OF SAN FRANCISCO, Intervenor-Plaintiff Appellee, v. EDMUND G. BROWN, Jr., in his official capacity as Governor of California; et al., Defendants, DENNIS HOLLINGSWORTH; et al., Intervenor-Defendants, v. COUNTY OF IMPERIAL; et al., Movants - Appellants.

No. 10-16751 D.C. No. 3:09-cv-02292-VRW Northern District of California, San Francisco

ORDER

Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges. On February 7, 2012, we denied the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant in this appeal. Storey has not

Case: 10-16751

02/22/2012

ID: 8077585

DktEntry: 87

Page: 2 of 2

filed a new motion to intervene in this appeal, and we have denied by separate order his motion to intervene in Nos. 10-16696 and 11-16577. Storey has filed in this appeal a motion to extend the time for filing a petition for rehearing. We deny that motion as moot, on the basis that Storey is not entitled to petition for rehearing. See Day v. Apoliona, 505 F.3d 963, 964 (9th Cir. 2007) (“Under Federal Rule of Appellate Procedure 35(b), only a party to a matter before this court may petition for rehearing or rehearing en banc.”).

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