Danny Hill

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 23a0049p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

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IN RE: DANNY HILL, │ > No. 20-3863

Petitioner. │

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On Petition for Leave to File a Second or Successive Petition for a Writ of Habeas Corpus.

United States District Court for the Northern District of Ohio at Youngstown.

No. 4:20-cv-01294—John R. Adams, District Judge.

Decided and Filed: March 20, 2023

Before: SUTTON, Chief Judge; MOORE, CLAY, GIBBONS, GRIFFIN, KETHLEDGE, STRANCH, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, DAVIS, and MATHIS, Circuit Judges.*

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COUNSEL

ON PETITION FOR REHEARING EN BANC: Benjamin M. Flowers, Zachery P. Keller, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Respondent State of Ohio. ON RESPONSE: Sharon A. Hicks, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Petitioner.

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ORDER

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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.

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Judge Murphy recused himself from participation in this decision.

No. 20-3863 In re Hill Page 2

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

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Deborah S. Hunt, Clerk