Case: 12-30308 Document: 00512248024 Page: 1 Date Filed: 05/20/2013

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED _____________________ May 20, 2013 No. 12-30308 Lyle W. Cayce _____________________ Clerk CALVIN JAMES, Plaintiff - Appellant v. CURTIS MASON; UNITED STATES OF AMERICA, Defendants - Appellees __________________________ Appeal from the United States District Court for the Western District of Louisiana, Alexandria __________________________ ON PETITION FOR REHEARING EN BANC (Opinion 2/5/2013, 5 Cir., ____________,) Before JONES, DENNIS, and HAYNES, Circuit Judges.

PER CURIAM: ( X ) Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is GRANTED in part. the panel reaffirms its prior opinion and judgment affirming the district court except for the discussion of James’s FTCA claim. As to this claim only, we vacate the district court’s summary judgment and remand for further proceedings in light of the Supreme Court’s decision in Millbrook v. United States, No. 11-10362 (U.S. Mar. 27, 2013).

AFFIRMED IN PART, VACATED IN PART AND REMANDED.