UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 16-2692 _____________

THEODORE HAYES; AQEELA FOGLE, Appellants

v.

PHILIP E. HARVEY

On Appeal from the United States District Court for the Eastern District of Pennsylvania District Court No. 2-15-cv-02617 District Judge: The Honorable Nitza I. Quinones Alejandro

ORDER SUR PETITION FOR REHEARING EN BANC

Present: SMITH, Chief Judge, McKEE, AMBRO, CHAGARES, JORDAN HARDIMAN, GREENAWAY, JR., VANASKIE, SHWARTZ, KRAUSE, RESTREPO, BIBAS, and FISHER ∗, Circuit Judges

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 October 18, 2017 are hereby vacated.

BY THE COURT,

s/ D. Brooks Smith Chief Judge

Dated: December 29, 2017

∗ Will participate as a member of the en banc court pursuant to 3d Cir. I.O.P. 9.6.4. tmm/cc: All Counsel of Record