Crawford v. Cain, No. 20-61019 (5th Cir. 2023)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 15, 2022.
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Case: 20-61019 Document: 00516804693 Page: 1 Date Filed: 06/29/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ___________ FILED June 29, 2023 No. 20-61019 ___________ Lyle W. Cayce Clerk Charles Ray Crawford, Petitioner—Appellant, versus Burl Cain, Commissioner, Mississippi Department of Corrections; Earnest Lee, Superintendent, Mississippi State Penitentiary, Respondents—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:17-CV-105 ______________________________ ON PETITION FOR REHEARING EN BANC (Opinion December 15, 2022, 5 Cir., 2022, 55 F.4th 981, Withdrawn) (Opinion May 19, 2023, 5 Cir., 2023, 68 F.4th 273) Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Judge James E. Graves, Jr. did not participate in the consideration of the rehearing en banc. Case: 20-61019 Document: 00516804693 Page: 2 Date Filed: 06/29/2023 No. 20-61019 Per Curiam: A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated May 19, 2023, is VACATED. 2
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