B.W. v. Austin Indep School Dist

Opinion

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ___________ FILED June 27, 2023 No. 22-50158 ___________ Lyle W. Cayce Clerk B.W., a minor, by next friends M.W. and B.W., formerly known herein as Jon AISD Doe,

Plaintiff—Appellant,

versus

Austin Independent School District,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:20-CV-750 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion January 9, 2023, 22-50158, 2023 WL 128948)

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Per Curiam: No. 22-50158

A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, 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 January 9, 2023, is VACATED.