ORDER
The petition for rehearing en banc, filed January, 19, 2023, is DENIED. (Dkt. 57). The majority of the panel has voted to deny appellees petition for rehearing. The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonrecused active judges in favor of en banc consideration. Fed. R. App. P. 35(a). Judge Forrest did not participate in the deliberations or vote in this case. No further petitions for rehearing or rehearing en banc will be entertained.