Von Clark Davis v. Charlotte Jenkins, No. 21-3404 (6th Cir. 2023)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 16, 2023.
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RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0253p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT VON CLARK DAVIS, Petitioner-Appellant, > v. CHARLOTTE JENKINS, Warden, Respondent-Appellee. No. 21-3404 On Petition for Rehearing En Banc. United States District Court for the Southern District of Ohio at Columbus. No. 2:16-cv-00495—Susan J. Dlott, District Judge. Decided and Filed: November 20, 2023 Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, DAVIS and MATHIS, Circuit Judges.* _________________ COUNSEL ON PETITION FOR REHEARING EN BANC: Michael J. Hendershot, Jana M. Bosch, Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON RESPONSE: Erin G. Barnhart, Jordan S. Berman, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellant. * Judge Murphy and Judge Bloomekatz, recused themselves from participation in this case. No. 21-3404 Davis v. Jenkins Page 2 _________________ 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. 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 ___________________________________ Kelly L. Stephens, Clerk
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