Petteway v. Galveston County

86 F.4th 1146

Opinion

Case: 23-40582 Document: 00516980797 Page: 1 Date Filed: 11/28/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

___________ FILED November 28, 2023 No. 23-40582 Lyle W. Cayce ___________ Clerk

Honorable Terry Petteway; Honorable Derrick Rose; Honorable Penny Pope,

Plaintiffs—Appellees,

versus

Galveston County, Texas; Mark Henry, in his official capacity as Galveston County Judge; Dwight D. Sullivan, in his official capacity as Galveston County Clerk,

Defendants—Appellants,

____________________________

United States of America,

Plaintiff—Appellee,

Galveston County, Texas; Galveston County Commissioners Court; Mark Henry, in his official capacity as Galveston County Judge,

Dickinson Bay Area Branch NAACP; Galveston Branch Case: 23-40582 Document: 00516980797 Page: 2 Date Filed: 11/28/2023

No. 23-40582

NAACP; Mainland Branch NAACP; Galveston LULAC Council 151; Edna Courville; Joe A. Compian; Leon Phillips,

Galveston County, Texas; Mark Henry, in his official capacity as Galveston County Judge; Dwight D. Sullivan, in his official capacity as Galveston County Clerk,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:22-CV-57 USDC No. 3:22-CV-93 USDC No. 3:22-CV-117 ______________________________

ON PETITION FOR REHEARING EN BANC

(Opinion November 10, 2023, 5 Cir., 2023, 86 F.4th 214 )

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: A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court’s own motion, to rehear this case en banc,

2 Case: 23-40582 Document: 00516980797 Page: 3 Date Filed: 11/28/2023

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 November 10, 2023, is VACATED.