James McDonough v. Carlos Garcia

93 F.4th 1220

• Court: Court of Appeals for the Eleventh Circuit
• Decided: February 29, 2024
• Docket: 22-11421
• Status: Published

Opinion

USCA11 Case: 22-11421 Document:47-1 Date Filed: 02/29/2024 Page: 1 of2

In the United States Court of Appeals

For the Eleventh Circuit

No. 22-11421

JAMES ERIC MCDONOUGH,

Plaintiff-Appellant, versus CARLOS GARCIA, GARLAND WRIGHT, individually, CITY OF HOMESTEAD, a political subdivision of the State of Florida,

Defendants-Appellees.

USCA11 Case: 22-11421 Document:47-1 Date Filed: 02/29/2024 Page: 2of2

2 Order of the Court 22-11421

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cv-21986-FAM

Before WILLIAM Pryor, Chief Judge, WILSON, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, LUCK, LAGOA,

BRASHER, and ABUDU, Circuit Judges.

BY THE COURT:

A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this appeal should be reheard by the Court sitting en banc, and a ma- jority of the judges in active service on this Court having voted in favor of granting rehearing en banc, IT IS ORDERED that this ap- peal will be reheard en banc. The panel’s opinion is VACATED.