U.S. Court of Appeals for the Sixth Circuit, 2017

Fears v. Morgan

U.S. Court of Appeals for the Sixth Circuit · Decided April 25, 2017 · Batchelder, Clay, Cole, Donald, Gibbons, Griffin, Kethledge, McKeague, Moore, Rogers, Stranch, Sutton, White

855 F.3d 702; 2017 WL 1457946; 2017 U.S. App. LEXIS 7272 (Federal Reporter, Third Series)

Opinion of the Court

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.

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.

Judge Cook recused herself in this case.

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