Von Clark Davis v. Charlotte Jenkins

86 F.4th 733

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 23a0253p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ VON CLARK DAVIS, │ Petitioner-Appellant, │ > No. 21-3404 │ v. │ │ CHARLOTTE JENKINS, Warden, │ Respondent-Appellee. │ ┘

On Petition for Rehearing En Banc. United States District Court for the Southern District of Ohio at Columbus. No. 2:16-cv-00495—Susan J. Dlott, District Judge.

Decided and Filed: November 20, 2023

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

COUNSEL

ON PETITION FOR REHEARING EN BANC: Michael J. Hendershot, Jana M. Bosch, Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON RESPONSE: Erin G. Barnhart, Jordan S. Berman, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellant.

* Judge Murphy and Judge Bloomekatz recused themselves from participation in this case. No. 21-3404 Davis v. Jenkins Page 2

_________________

ORDER _________________

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.

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

___________________________________ Kelly L. Stephens, Clerk