RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0095p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

IN RE: OHIO EXECUTION PROTOCOL. ┐ ___________________________________________ │ ANGELO FEARS, et al., │ Plaintiffs, > No. 17-3076 │ GARY OTTE; RONALD PHILLIPS; RAYMOND TIBBETTS, │ Plaintiffs-Appellees, │ │ v. │ DONALD MORGAN, et al., │ Defendants-Appellants. │ │ ┘

Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:11-cv-01016—Michael R. Merz, Magistrate Judge.

Decided and Filed: April 25, 2017

Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges. _________________

ORDER _________________

A majority of the Judges of this Court* in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:

The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.

* Judge Cook recused herself in this case. No. 17-3076 Ohio Execution Protocol Litig. Page 2

Accordingly, it is ORDERED, that the previous opinion and judgment of this court are vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs; this matter is scheduled for oral argument on June 14, 2017.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk