Case: 16-15469, 08/31/2018, ID: 10997140, DktEntry: 74, Page 1 of 1 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED AUG 31 2018 NARUTO, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc., Plaintiff-Appellant, No. 16-15469 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS D.C. No. 3:15-cv-04324-WHO Northern District of California, San Francisco v. ORDER DAVID JOHN SLATER; et al., Defendants-Appellees. Before: BEA and N.R. SMITH, Circuit Judges, and ROBRENO,* District Judge. A judge of the court sua sponte requested a vote on whether to rehear this case en banc. A vote was taken, and the matter failed to receive a majority of the votes of the non-recused active judges in favor of en banc consideration. See Fed. R. App. P. 35(f). Rehearing en banc is DENIED. * The Honorable Eduardo C. Robreno, United States District Judge for the Eastern District of Pennsylvania, sitting by designation.