Case: 23-40582    Document: 00516980797      Page: 1    Date Filed: 11/28/2023




           United States Court of Appeals
                for the Fifth Circuit                        United States Court of Appeals
                                                                      Fifth Circuit

                               ___________                          FILED
                                                            November 28, 2023
                                No. 23-40582                   Lyle W. Cayce
                               ___________                          Clerk

   Honorable Terry Petteway; Honorable Derrick Rose;
   Honorable Penny Pope,

                                                       Plaintiffs—Appellees,

                                   versus

   Galveston County, Texas; Mark Henry, in his official capacity
   as Galveston County Judge; Dwight D. Sullivan, in his official capacity
   as Galveston County Clerk,

                                                   Defendants—Appellants,

   ____________________________

   United States of America,

                                                        Plaintiff—Appellee,

                                   versus

   Galveston County, Texas; Galveston County
   Commissioners Court; Mark Henry, in his official capacity as
   Galveston County Judge,

                                                   Defendants—Appellants,

   ____________________________

   Dickinson Bay Area Branch NAACP; Galveston Branch
Case: 23-40582      Document: 00516980797         Page: 2    Date Filed: 11/28/2023

                                   No. 23-40582




   NAACP; Mainland Branch NAACP; Galveston LULAC
   Council 151; Edna Courville; Joe A. Compian; Leon
   Phillips,

                                                            Plaintiffs—Appellees,

                                      versus

   Galveston County, Texas; Mark Henry, in his official capacity
   as Galveston County Judge; Dwight D. Sullivan, in his official capacity
   as Galveston County Clerk,

                                           Defendants—Appellants.
                   ______________________________

                   Appeal from the United States District Court
                       for the Southern District of Texas
                             USDC No. 3:22-CV-57
                             USDC No. 3:22-CV-93
                             USDC No. 3:22-CV-117
                   ______________________________

             ON PETITION FOR REHEARING EN BANC

           (Opinion November 10, 2023, 5 Cir., 2023, 

 )

   Before Richman, Chief Judge, and Jones, Smith, Stewart,
   Elrod, Southwick, Haynes, Graves, Higginson, Willett,
   Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas,
   Circuit Judges.
   Per Curiam:
          A majority of the circuit judges in regular active service and not
   disqualified having voted in favor, on the Court’s own motion, to rehear this
   case en banc,




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Case: 23-40582     Document: 00516980797           Page: 3   Date Filed: 11/28/2023

                                    No. 23-40582




          IT IS ORDERED that this cause shall be reheard by the court en
   banc with oral argument on a date hereafter to be fixed. The Clerk will
   specify a briefing schedule for the filing of supplemental briefs. Pursuant to
   5th Circuit Rule 41.3, the panel opinion in this case dated November 10,
   2023, is VACATED.




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