The U.S. Senate is set to vote on a judicial nominee Monday, but U.S. District Judge Luis Felipe Restrepo of the Eastern District of Pennsylvania, who has been in the confirmation process for the federal appeals bench for over a year, is not on the list.

Travis Randall McDonough, chief of staff to the mayor of Chattanooga, Tennessee, is slated for a confirmation vote in the Senate for a seat on the U.S. District Court for the Eastern District of Tennessee, despite being behind Restrepo on the Senate’s nomination roster. President Obama nominated Restrepo for the U.S. Court of Appeals for the Third Circuit on Nov. 12, 2014, while McDonough was nominated eight days later.

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