In re Ohio Execution Protocol Litig., No. 17-3076 (6th Cir. 2017)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 6, 2017.
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0095p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT IN RE: OHIO EXECUTION PROTOCOL. ___________________________________________ ANGELO FEARS, et al., Plaintiffs, GARY OTTE; RONALD PHILLIPS; RAYMOND TIBBETTS, Plaintiffs-Appellees, v. DONALD MORGAN, et al., Defendants-Appellants. > No. 17-3076 Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:11-cv-01016—Michael R. Merz, Magistrate Judge. Decided and Filed: April 25, 2017 Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges. _________________ ORDER _________________ A majority of the Judges of this Court* in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows: The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal. * Judge Cook recused herself in this case. No. 17-3076 Ohio Execution Protocol Litig. Page 2 Accordingly, it is ORDERED, that the previous opinion and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal. The Clerk will direct the parties to file supplemental briefs; this matter is scheduled for oral argument on June 14, 2017. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk
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