____________________________________

Glenn D Ferren, )

P.O. Box 472 ) D.C. No. CV-02-00050-H-CCL

Superior, MT 59872 )

AND ALL OTHERS SIMILARLY SITUATED, )

Plaintiffs/Class Agent, )

v. ) Request for en banc Rehearing

Gale A Norton, )

in her official capacity as )

Secretary and Head of the )

UNITED STATES DEPARTMENT OF )

THE INTERIOR )

CARI M. DOMINGUEZ, )

in her official capacity as )

Chair and Head of the )

UNITED STATES EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION )

Defendants. )

____________________________________)

Statement of Pro Se Plaintiff, Class Agent; Material points of fact and law have been

overlooked in the Ninth Circuit Court of Appeals decision affirming the District Court

dismissal of this case;

Plaintiff began his Class Action discrimination claim (US EEOC) while an employee;

establishing standing; Plaintiff, and OTHERS SIMILARLY SITUATED, was in immediate

danger and did sustain direct and real injury as the result of the challenged official

misconduct; Plaintiff and the US EEOC did reveal evidence of class directed age and sex

discrimination by Defendant against Plaintiff and other white males over 40 (the class);

The Defendant admits practicing gender and race preference discrimination in hiring by

implementation of management directive and personnel policy;

Plaintiff/Class Agent is authorized to seek civil remedy in Federal Court by US EEOC

Review, Decision, and Order of said class complaint (age & sex discrimination, white

males over 40), US EEOC Appeal No. 01A03959, Hearing No. 320-AO-8196X;

In employment actions brought under Title VII of the Civil Rights Act of 1964,

42 U.S.C & 2000e, discrimination claims, pro bono counsel may be appointed pursuant

to section 2000e-5(f)(1)(B) to represent Class Agent/Class;

Fees and costs under EAJA can be awarded including in cases taken on a pro bono basis,

The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) & 5 U.S.C. § 504 et seq.;

The Ninth Circuit Court of Appeals has failed to consider material points of fact and law,

has failed to construe all material allegations in favor of Plaintiff/Class Agent and Class.

This case deserves en banc consideration because of its exceptional importance;

Should Defendants, as Agents of the US Government, a Government that is by example,

principle, Constitution, and Law required to prevent discrimination, be endorsed to

practice age and sex discrimination?, gender and race preference discrimination in

hiring?, and personnel abuses via retaliation and reprisal, to use threats such as "directed

reassignments" to silence dissent and freedom of speech?, to encourage a precedent for

future abuses; Rather than affirm the District Court, and endorse discrimination, the

Court of Appeals must transcend a merely clerical role, and see that this case is reviewed

upon its' Merit; The Court of Appeals must uphold the Civil Rights Act of 1964, reverse

the decision to dismiss this case, and award judgement for Class Agent and Class.

Dated April 12^th, 2005, Respectfully submitted;____________________, Glenn D Ferren

GLENN D. FERREN

P.O. Box 472

Superior, MT 59872

Telephone: (406)822-0795

Plaintiff(s), Class Agent

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

===================================================

GLENN D FERREN, ) No. 03-35811

AND ALL OTHERS SIMILARLY SITUATED, ) D.C. No. CV-02-00050-H-CCL

Plaintiff(s), )

)

Vs. ) Petition for Rehearing

Gale A Norton, Secretary of the ) Request for en banc Rehearing

United States Department of Interior, )

Cari M Dominguez,Chair and Head )

of the United States Equal )

Employment Opportunity Commission, )

Defendant(s). ) )

===============================================

I HEREBY CERTIFY that a true and correct copy of the Petition for Rehearing,

Request for en banc Rehearing, was served upon the Defendant(s) or Defendants

attorney by placing the same in the U.S. mail, postage fully paid thereon,

addressed as follows: US Department of Justice, United States

Attorney, District of Montana, P.O. Box 3447, Great Falls, MT.

59403; Cari M Dominguez, 1801 L Street NW, Washington, D.C, 20507-0001.

____________________________________