Case: 16-35801, 01/25/2018, ID: 10737938, DktEntry: 78, Page 1 of 1 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH A. KENNEDY, Plaintiff-Appellant, No. 16-35801 v. D.C. No. 3:16-cv-05694-RBL BREMERTON SCHOOL DISTRICT, Defendant-Appellee. ORDER Filed January 25, 2018 Before: DOROTHY W. NELSON, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges. ORDER Judges M. Smith and Christen have voted to deny the petition for rehearing en banc, and Judge Nelson so recommends. A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non-recused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f). The petition for rehearing en banc is DENIED.