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.

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On Appeal from the United States District Court for the

Northern District of Florida

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(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.