Fernando Lopez v. Julius Wilson, Warden

366 F.3d 430, 2004 U.S. App. LEXIS 7788, 2004 WL 934989

Opinion

A majority of the Judges of this Court in regular active service qualified to participate have voted for rehearing of this ease en banc. Sixth Circuit Rule 35(a) 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 is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

It is further ORDERED that the appellant file a supplemental brief not later than Thursday, May 20, 2004, and the appellee file a supplemental brief not later than Monday, June 21, 2004. The Clerk will schedule this case for oral argument as directed by the court.