Petteway v. Galveston County

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, 86 F.4th 214 ) 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,

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.