IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-12717 April 30, 2012 JOHN LEY (D.C. Docket No. 05-00369-CV-RH) CLERK

MICHAEL DUANE ZACK, III, Petitioner-Appellant, versus KENNETH S. TUCKER, PAM BONDI, Respondents-Appellees.

--------------------------- On Appeal from the United States District Court for the Northern District of Florida -------------------------- (Opinion January 9, 2012, 666 F.3d 1265, 11th Cir. 2012) (April 30, 2012)

Before DUBINA, Chief Judge, TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN, and JORDAN, Circuit Judges.

BY THE COURT: A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED.