Background
David Scott Detrich, the petitioner-appellant, sought relief against Ryan Thornell, Director of the Arizona Department of Corrections, in a case originating in the U.S. District Court for the District of Arizona.
On August 31, 2026, Detrich filed a petition asking the Ninth Circuit to rehear the matter en banc before the full court. The September 25 order addresses only that rehearing request and does not recount the underlying facts or resolve the merits anew.
The Court’s Holding
The Ninth Circuit denied the petition for rehearing en banc before the full court. After the full court was advised of the petition, no judge requested a vote on whether to rehear the case.
The court relied on Federal Rule of Appellate Procedure 40 and Ninth Circuit General Order 5.8. It also directed that no further petitions for rehearing would be entertained.
Key Takeaways
- No Ninth Circuit judge requested a vote on rehearing the matter en banc.
- The court therefore denied Detrich’s August 31, 2026 petition.
- The order bars any further petitions for rehearing in the case.
Why It Matters
The order ends rehearing proceedings in the Ninth Circuit and leaves the court’s prior disposition undisturbed. Because the order contains no substantive merits analysis, it should be understood as a procedural ruling on rehearing rather than a new decision on Detrich’s underlying claims.