`
`United States Court of Appeals
`for the Fifth Circuit
`____________
`
`No. 22-11226
`____________
`
`Securities and Exchange Commission,
`
`
`United States Court of Appeals
`Fifth Circuit
`
`FILED
`September 1, 2023
`
`Lyle W. Cayce
`Clerk
`
`Plaintiff—Appellee,
`
`
`
`
`Timothy Barton,
`
`
`versus
`
`Defendant—Appellant.
`______________________________
`
`Appeal from the United States District Court
`for the Northern District of Texas
`USDC No. 3:22-CV-2118
`______________________________
`
`
`
`
`
`ON PETITION FOR REHEARING
`AND REHEARING EN BANC
`
`Before Wiener, Elrod, and Engelhardt, Circuit Judges.
`Per Curiam:*
`
`Because no member of the panel or judge in regular active service
`requested that the court be polled on rehearing en banc (Fed. R. App. P.
`35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.
`
`_____________________
`
`* This opinion is not designated for publication. See 5th Cir. R. 47.5.
`
`
`
`Case: 22-11226 Document: 95-1 Page: 2 Date Filed: 10/24/2023
`
`No. 22-11226
`
`The petition for panel rehearing is also DENIED. We withdraw our
`previous opinion at 2023 WL 4060191, and substitute the following:
`
`* * *
`
`In a separate appeal in this matter, our court vacated the receivership
`because the district court had not made findings sufficient to establish the
`receiver’s jurisdiction over Barton’s property. Sec. & Exch. Comm’n v.
`Barton, No. 22-11132, -- F.4th -- (5th Cir. 2023). That opinion, as reissued,
`also suspended the receiver’s ability to sell receivership property while
`awaiting vacatur. Id. (“[T]he receiver’s power to sell or dispose of property
`belonging to receivership entities, including the power to complete sales or
`disposals of property already approved by the district court, is immediately
`suspended.”). The receiver can no longer sell Barton’s home, which was at
`issue here. Given these developments, we DISMISS this appeal as MOOT.
`
`2
`
`

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