William Rogers v. Tony Mays, No. 19-5427 (6th Cir. 2022)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 18, 2020.
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RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 22a0262p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT WILLIAM GLENN ROGERS, Petitioner-Appellant, > v. TONY MAYS, Warden, Respondent-Appellee. No. 19-5427 On Petition for Rehearing En Banc United States District Court for the Middle District of Tennessee at Nashville; No. 3:13-cv-00141—Waverly D. Crenshaw, Jr., District Judge. Decided and Filed: December 6, 2022 Before: SUTTON, Chief Judge; MOORE, COLE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, and MATHIS, Circuit Judges. _________________ COUNSEL ON PETITION FOR REHEARING EN BANC: J. Matthew Rice, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellee. ON RESPONSE: Kelley J. Henry, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, Kimberly S. Hodde, HODDE & ASSOCIATES, Nashville, Tennessee, 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: No. 19-5427 Rogers v. Mays 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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