NARUTO, a Crested Macaque, by and Through His Next Friends, People for the Ethical Treatment of Animals, Inc., Plaintiff-Appellant, v. David John SLATER; Blurb, Inc., a Delaware Corporation; Wildlife Personalities, Ltd., a United Kingdom Private Limited Company, Defendants-Appellees.

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.