Samuel Fields v. Scott Jordan, No. 17-5065 (6th Cir. 2023)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 1, 2022.
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RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0032p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT SAMUEL FIELDS, Petitioner-Appellant, > v. SCOTT JORDAN, Warden, Respondent-Appellee. No. 17-5065 On Petition for Rehearing En Banc United States District Court for the Eastern District of Kentucky at Pikeville. No. 7:15-cv-00038—Karen K. Caldwell, District Judge. Decided and Filed: February 22, 2023 Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, and MATHIS, Circuit Judges.* _________________ COUNSEL ON PETITION FOR REHEARING EN BANC: Matthew F. Kuhn, OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee. ON RESPONSE: Daniel E. Kirsch, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Kansas City, Missouri, for Appellant. _________________ 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: * Judge Thapar recused himself from participation in this decision. No. 17-5065 Fields v. Jordan Page 2 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. Accordingly, it is ORDERED, that the previous decision 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 and will schedule this case for oral argument as soon as possible. ENTERED BY ORDER OF THE COURT ___________________________________ Deborah S. Hunt, Clerk
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