UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______

No. 13-9003 ______

JAMES A. DENNIS

v.

SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS; SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT GREENE; SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION AT ROCKVIEW; DISTRICT ATTORNEY OF PHILADELPHIA COUNTY, Appellants ______

On Appeal from United States District Court for the Eastern District of Pennsylvania (E.D. Pa. No. 2-11-cv-01660) District Judge: Honorable Anita B. Brody ______

PRESENT: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, Jr., VANASKIE, SHWARTZ, and KRAUSE Circuit Judges ORDER A majority of the active judges having voted for rehearing en banc in the above captioned case, it is ordered that the petition for rehearing is GRANTED. The Clerk of this Court shall list the case for rehearing en banc at the convenience of the Court. The opinion and judgment entered February 9, 2015 are hereby vacated.

By the Court,

s/ Theodore A. McKee Chief Circuit Judge Date: May 6, 2015 NMR/cc: Stuart B. Lev, Esq. Amy L. Rohe, Esq. Thomas W. Dolgenos, Esq. Ryan Dunlavey, Esq. Catherine M.A. Carroll, Esq.