Preterm-Cleveland v. Lance Himes, No. 18-3329 (6th Cir. 2019)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 11, 2019.
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0295p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT PRETERM-CLEVELAND; PLANNED PARENTHOOD SOUTHWEST OHIO REGION; WOMEN’S MED GROUP PROFESSIONAL CORPORATION; ROSLYN KADE, M.D.; PLANNED PARENTHOOD OF GREATER OHIO, Plaintiffs-Appellees, v. LANCE HIMES, Director, Ohio Department of Health; KIM G. ROTHERMEL, Secretary, State Medical Board of Ohio; BRUCE R. SAFERIN, Supervising Member, State Medical Board of Ohio, Defendants-Appellants. > No. 18-3329 Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:18-cv-00109—Timothy S. Black, District Judge. Decided and Filed: December 13, 2019 Before: COLE; Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, SUTTON, GRIFFIN, KETHLEDGE, WHITE, STRANCH, DONALD, THAPAR, BUSH, LARSEN, NALBANDIAN, and READLER, 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: *Judge Murphy recused himself from participation in this case. No. 18-3329 Preterm-Cleveland v. Himes 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. ENTERED BY ORDER OF THE COURT ___________________________________ Deborah S. Hunt, Clerk
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